The New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Monday, April 21, 2014. The oral argument is open to the public and begins at 10:00 A.M.
A three-judge panel will preside: Judge Jonathan B. Sutin (’63), Judge Michael E. Vigil, Judge J. Miles Hanisee.
Following are the details of the case:
BILLY A. MERRIFIELD, Plaintiff, represented by Michael Schwarz, Maureen Sanders, Katherine Wray
BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF SANTA FE, Defendant, represented by Kevin M. Brown, Elizabeth Friedenstein, Desiree Gurule
The state district court granted Plaintiff’s motion to certify the following question to the New Mexico Court of Appeals on 9/21/2012: “If the standard of review is not specified in the ordinance or policy, what is the appropriate standard of review that a hearing officer is to follow in a public employee termination hearing of the public employer’s decision: Is the hearing officer to review the evidence and discipline de novo without deference to the public employer’s decision? Or, is the hearing officer to give deference to the public employer’s decision on the evidence and the disciplinary sanction and review the public employer's decision for whether it is supported by substantial evidence, is arbitrary and capricious, or contrary to law?"
For more information, contact Nora Gonzales at 505-841-4618.
April 14, 2014