New Mexico State Board of Education v. Board of Education of Alamogordo Public School District No. 1

624 P.2d 530, 95 N.M. 588
CourtNew Mexico Supreme Court
DecidedFebruary 25, 1981
DocketNo. 13237, 13238
StatusPublished
Cited by40 cases

This text of 624 P.2d 530 (New Mexico State Board of Education v. Board of Education of Alamogordo Public School District No. 1) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
New Mexico State Board of Education v. Board of Education of Alamogordo Public School District No. 1, 624 P.2d 530, 95 N.M. 588 (N.M. 1981).

Opinion

OPINION

EASLEY, Chief Justice.

Sharon Bryant was terminated by the Alamogordo School Board (Local Board). The sole reason given was that her father was elected as a member of the Local Board and that Board ruled that her retention is prohibited by Section 22-5-6, N.M.S.A. 1978, the anti-nepotism law. She appealed the decision to the New Mexico State Board of Education (State Board), which reversed the decision of the Local Board. The Local Board appealed the decision of the State Board to the Court of Appeals, which reversed the State Board’s decision. We granted certiorari and reverse the Court of Appeals, upholding the decision of the State Board in favor of Bryant.

The dispositive issue is whether Section 22-5-6 prohibits the continued employment of a tenured teacher whose relative is elected to the school board, or whether the section relates only to the initial hiring of a teacher whose relative is a member of the board. Bryant also raises issues concerning the constitutionality of her termination. However, in view of our disposition of the central issue in this case we find it unnecessary to consider the constitutional issues.

Bryant was first employed for the 1975-76 school year, at which time she was not related to any member of the Local Board. After teaching for three years she acquired tenure upon the execution of her 1978-79 employment contract. Her father, desiring to seek election to the Local Board, contacted an assistant attorney general for the State Department of Education for an opinion as to whether his election would affect the continued employment in the school district of members of his family. He was advised that the nepotism statute had been interpreted not to affect those persons already employed by a local school district at the time a relative is elected to the board. The Local Board also requested an opinion and received the same answer. Bryant’s father was elected to the Local Board and assumed office in March 1979. Although she had caused no trouble whatsoever, had received high marks for her performance as a teacher and was recommended for reemployment by the Local Board’s superintendent, her contract was not renewed for the 1979-80 school year. The only reason given for the failure to renew her contract was that her relationship to a member of the Local Board constituted a violation of the nepotism statute.

The record in this case shows that the Attorney General’s office has consistently interpreted the statute to apply only to the initial hiring of teachers and that there has been widespread reliance upon this interpretation of the statute by school boards throughout the state. The evidence includes eleven letters written between 1972 and 1979 from the Attorney General’s office to various persons who inquired about the proper interpretation of the statute. The letters uniformly interpret the statute to apply only to the initial hiring of teachers.

The Court of Appeals held that there was no room for construction, that the statute is plain and unambiguous and that it means that the Local Board could not approve the reemployment of Bryant because of her father’s election to the Local Board.

The applicable statute is Section 22-5-6, N.M.S.A. 1978, which provides as follows:

No local school board shall employ or approve the employment of any person in any capacity by a school district if the person is related by consanguinity or affinity within the first degree to any member of the school board governing the district. This section does not prohibit the continued employment of any person who is employed by a school district on July 1, 1972 and who, on that date, is related within the prohibited degree to a member of the governing school board.

Where a statute is ambiguous or its meaning unclear, the court may resort to the rules of construction in order to resolve the ambiguity. Keller v. City of Albuquerque, 85 N.M. 134, 509 P.2d 1329 (1973). Interpretation is permitted where there is any doubt as to the meaning of the words. Perea v. Baca, 94 N.M. 624, 614 P.2d 541 (1980). Whether an ambiguity exists is a question of law to be decided by the court. Thompson v. Occidental Life Ins. Co. of Cal., 90 N.M. 620, 567 P.2d 62 (Ct.App.1977), cert. denied, 91 N.M. 4, 569 P.2d 414 (1977). Thus the initial question presented is whether the meaning and application of the statute under these circumstances is free from doubt, or whether it is ambiguous and subject to construction.

We note first that the term “employ” has, in a different context, been held to be synonymous with “hire,” or “appoint.” Board of Com’rs v. Department of Public Health, 44 N.M. 189, 100 P.2d 222 (1940). But the Local Board contends that since teachers are hired on a one-year contract requiring annual review and renewal, the renewal of a teacher’s contract is clearly to “approve the employment” of a teacher within the terms of the statute.

The Certified School Personnel Act, Section 22-10-1 through 22-10-26, N.M.S.A. 1978 (Orig. Pamp. and Cum. Supp. 1980), refers to the renewal of a teacher’s contract as “reemployment.” § 22-10-12. The nepotism statute makes no reference to the “reemployment” of teachers. In the absence of notice of reemployment or termination, the teacher’s contract is automatically renewed for the ensuing year. § 22-10-12. In view of this provision for automatic renewal, the annual reemployment process resembles merely a procedure for regular review of the teacher’s performance rather than a procedure to “approve the employment” of a teacher. Absent explicit termination, the teacher’s employment continues.

Furthermore, a school board cannot refuse to reemploy a tenured teacher except after notice and hearing, and a finding of good and just cause for termination. § 22-10-15.

These provisions conflict with the Local Board’s assertion that the nepotism statute is free from ambiguity and clearly prevents the reemployment of a teacher whose relative has been elected to the school board. Since a teacher’s employment continues automatically absent termination by the school board, it is far from clear that every annual renewal of the contract is an “approv[al] of employment” within the terms of the nepotism statute.

The history of uncertainty as to the meaning of the nepotism statute is further evidence of its ambiguity. It has been stated that an ambiguity exists where a provision is fairly susceptible of different constructions by reasonably intelligent men. See Atlas Assur. Co. v. General Builders, 93 N.M. 398, 600 P.2d 850 (Ct.App.1979). Clearly, the nepotism statute is such a provision.

We hold that the meaning and applicability of the nepotism statute in the present context is unclear. To resolve this ambiguity, we turn to the appropriate rules of statutory construction.

The guiding principle of statutory construction is that the statute should be interpreted consistent with legislative intent. State ex rel.

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624 P.2d 530, 95 N.M. 588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-mexico-state-board-of-education-v-board-of-education-of-alamogordo-nm-1981.