Board of County Commissioners v. Harrison

1998 NMCA 106, 964 P.2d 56, 125 N.M. 495
CourtNew Mexico Court of Appeals
DecidedJuly 7, 1998
DocketNo. 18252
StatusPublished
Cited by4 cases

This text of 1998 NMCA 106 (Board of County Commissioners v. Harrison) 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
Board of County Commissioners v. Harrison, 1998 NMCA 106, 964 P.2d 56, 125 N.M. 495 (N.M. Ct. App. 1998).

Opinion

OPINION

BUSTAMANTE, Judge.

{1} The Board of County Commissioners of Sierra County (the County) appeals the district court’s decision upholding the reinstatement of Archie Dale Harrison (Harrison) as the Chief Detention Officer for the Sierra County Detention Center (SCDC). The County raises four issues on appeal that boil down to three essential arguments. First, the County argues that it was entitled to a de novo appeal in the district court. Second, the County argues that the hearing officer’s decision was arbitrary and capricious because substantial evidence supports the County’s decision to terminate Harrison’s employment as the SCDC’s Chief Detention Officer. And third, the County argues that the hearing officer’s decision exceeded the scope of his authority. We affirm as to the first and second issues but reverse and remand with instructions as to the third.

{2} The County issued a Notice of Intent to Dismiss Harrison, setting forth three sep-' arate charges against him. A pre-disciplinary hearing was held, and county manager Tony Chance issued a Pre-Disciplinary Hearing Decision terminating Harrison’s employment. Harrison filed a grievance and requested a hearing pursuant to the Sierra County Personnel Policy Manual, Sierra County, N.M., Ordinance 93-022 (Aug. 16, 1993) (the Personnel Ordinance). Section 8.3(C) of the Personnel Ordinance provides for the appointment of a hearing officer to conduct a post-disciplinary hearing to review the county manager’s disciplinary decision. Section 8.4(C) of the Personnel Ordinance provides that “[t]he hearing officer may uphold, modify or reverse the decision of the County Manager and may reinstate the employee and award back pay and benefits.”

{3} Following the post-disciplinary hearing, the hearing officer issued a decision reversing the county manager’s decision to terminate Harrison. The hearing officer’s decision also required that Harrison be reinstated with back pay. However, instead of awarding Harrison back pay from the time of his termination, the hearing officer ordered that Harrison should be denied back pay for the first fourteen weeks following the termination.

I. THE DISTRICT COURT DID NOT ERR IN DENYING TRIAL DE NOVO

{4} The County argues that, pursuant to NMSA 1978, Section 39-3-1 (1955), it was entitled to trial de novo in the district court on the issues it raised in its appeal from the hearing officer’s decision. Section 39-3-1 provides, in full: “All appeals from inferior tribunals to the district courts shall be tried anew in said courts on their merits, as if no trial had been had below, except as otherwise provided by law.” The district court below concluded that, “[wjhile the County is correct that the word ‘tribunal’ is broad enough to include a personnel board or hearing officer, I do not think that historically its use in the statute was intended to be that broad.” We agree with the district court’s conclusion.

{5} “Construction of a statute is a question of law reviewed de novo.” State v. Arellano, 1997-NMCA-074, ¶3, 123 N.M. 589, 943 P.2d 1042 (emphasis added). “When interpreting a statute, its provisions must be read together with other statutes relating to the same subject to ascertain legislative intent.” Benavidez v. Sierra Blanca Motors, 1996-NMSC-045, 122 N.M. 209, 213, 922 P.2d 1205, 1209; see also Cummings v. X-Ray Assocs. of New Mexico, P.C., 1996-NMSC-035, 121 N.M. 821, 918 P.2d 1321.

{6} When the Legislature or the people of New Mexico have intended trial de novo at the district court level after prior administrative proceedings, they have specifically provided for such review. See, e.g., N.M. Const, art. XVI, § 5 (“In any appeal to the district court from the decision, act or refusal to act of any state executive officer or body in matters relating to water rights, the proceeding upon appeal shall be de novo[.]”); NMSA 1978, § 28-l-13(A) (1987) (“Any person aggrieved by an order of the [Human Rights Commission may obtain a trial de novo[.]”); NMSA 1978, § 33-2-1KB) (1990) (“Upon exhaustion of this administrative remedy [the corrections department’s internal grievance procedure], the first judicial proceeding shall be a de novo hearing, unless otherwise provided by law.”); NMSA 1978, § 69-36-17(D) (1993) (“[A]ny order of the [Mining Commission concerning a penalty may be appealed de novo to the district court within thirty days from issuance of the order imposing the penalty.”); see also NMSA 1978, § 12-8-22(A)(6) (1969) (providing that standard of review of agency decisions under the Administrative Procedures Act is abuse of discretion). Each of the foregoing provisions would be a nullity if Section 39-3-1 was meant to provide for trial de novo from every administrative proceeding. We reject such a result.

II. THE HEARING OFFICER’S DECISION WAS NOT ARBITRARY OR CAPRICIOUS

{7} The County also argues that the hearing officer’s decision was arbitrary and capricious because there was substantial evidence to prove that (1) Harrison’s conduct created the threat of a guard walkout; (2) Harrison mistreated inmate Morales; and (3) Harrison endangered the safety of jail personnel and inmates by denying access to a key for the jail’s upstairs fire exit. Because the County is appealing from the district court’s decision upholding the decision of the hearing officer, “the focus of further appellate review is the administrative decision, and this court must conduct the same review as the district court.” Tapia v. City of Albuquerque, 104 N.M. 117, 120, 717 P.2d 93, 96 (Ct.App.1986). Therefore, “we independently examine the entire administrative record and decide whether the decision of the hearing officer was arbitrary, capricious, supported by substantial evidence and within the scope of the administrative body’s authority.” Id. Although we must look to the whole record to reach our decision, like the district court, we are “required to view the evidence presented in the light most favorable to the hearing officer’s decision.” See id. Accordingly, we do “not reweigh the evidence” nor do we “substitute [our] judgment for that of the administrative factfinder.” Id.

{8} The County presented evidence of misconduct by Harrison that could warrant demotion or dismissal. However, evidence was also presented to refute the County’s claims and to suggest that less severe disciplinary measures would be appropriate. See Tapia, 104 N.M. at 120, 717 P.2d at 96 (appellate court may not reweigh evidence or substitute its judgment for that of fact finder); see also Hernandez v. Mead Foods, Inc., 104 N.M. 67, 71, 716 P.2d 645, 649 (Ct.App.1986) (“The question is not whether substantial evidence would have supported an opposite result; it is whether such evidence supports the result reached.”). We cannot say as a matter of law that the evidence considered by the hearing officer supports only the outcome the County desires.

A. Threat Of A Guard Walkout

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Bluebook (online)
1998 NMCA 106, 964 P.2d 56, 125 N.M. 495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-county-commissioners-v-harrison-nmctapp-1998.