This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The superintendent of a public school district was discharged by the school board for alleged insubordination, unprofessional conduct, and unsatisfactory work performance. The incidents included public humiliation of staff, inappropriate comments, failure to handle a crisis, non-compliance with purchasing regulations, and defiance of the board's directive regarding a costly reading program.
Procedural History
- Independent Arbitrator, Lee V. Vesely: Affirmed the school board's decision to discharge the superintendent, finding just cause based on insubordination and unprofessional conduct.
Parties' Submissions
- Appellant (Superintendent): Argued that her leadership style constituted unsatisfactory work performance, entitling her to corrective work conferences before discharge. She also contended that there was insufficient evidence to support the finding of insubordination.
- Respondent (School Board): Asserted that the superintendent's conduct amounted to unprofessional conduct and insubordination, which justified immediate discharge without the need for corrective work conferences.
Legal Issues
- Was the superintendent entitled to corrective work conferences before being discharged for unsatisfactory work performance?
- Was there sufficient evidence to support the finding of insubordination?
Disposition
- The court affirmed the independent arbitrator's decision to uphold the superintendent's discharge.
Reasons
Per Castillo J. (Wechsler and Garcia JJ. concurring):
The court found that the superintendent's leadership style, while constituting unsatisfactory work performance, required corrective work conferences under New Mexico law. However, the superintendent's insubordination, evidenced by her defiance of the board's directive regarding the reading program, provided an independent and sufficient basis for discharge. The court emphasized that insubordination does not require corrective measures before discharge and upheld the arbitrator's findings as supported by substantial evidence.