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 Plaintiff, a full-time employee of the Department of Alcoholic Beverage Control (ABC) since 1972, was terminated in 1986 after failing to meet law enforcement certification requirements introduced in 1981. The certification requirement applied to employees newly classified as "police officers" under the expanded statutory definition. Despite multiple attempts, the Plaintiff did not obtain the required certification (paras 2-3, 7, and 10).
Procedural History
- State Personnel Board: Upheld the Plaintiff's termination by ABC (para 3).
- District Court of Bernalillo County: Reversed the Board's decision, finding the termination arbitrary, capricious, and not in accordance with the law (para 3).
Parties' Submissions
- Appellant (ABC): Argued that the Plaintiff was subject to the law enforcement certification requirements under the expanded definition of "police officer" and that failure to meet these requirements justified termination (paras 1, 7, and 10).
- Appellee (Plaintiff): Contended that the certification requirements did not apply to him as he was hired before the statutory changes, and argued that his termination violated public policy and the New Mexico Constitution (paras 8, 11, and 14).
Legal Issues
- Was the Plaintiff a "police officer" under the expanded statutory definition in Section 29-7-7(F)?
- Was the Plaintiff subject to the law enforcement certification requirements of Section 29-7-8?
- Did the termination of the Plaintiff violate Article II, Section 19, of the New Mexico Constitution?
Disposition
- The Court of Appeals reversed the District Court's order and affirmed the decision of the State Personnel Board to uphold the Plaintiff's termination (para 15).
Reasons
Per Flores J. (Hartz and Black JJ. concurring):
- The Court determined that the Plaintiff fell within the expanded definition of "police officer" under Section 29-7-7(F) because ABC is a law enforcement agency, and the Plaintiff's duties included crime prevention and enforcement of penal laws (paras 5-6).
- The Court held that the certification requirements of Section 29-7-8 applied to the Plaintiff, as the statutory changes in 1981 imposed these requirements on all employees, including those hired before the effective date. The omission of a "grandfather clause" in the amended statute indicated legislative intent to require compliance from all employees (paras 7-13).
- The Court rejected the Plaintiff's argument that the termination violated Article II, Section 19, of the New Mexico Constitution, finding no valid written contract to support the claim and noting that employment conditions are subject to legislative changes under the police power (para 14).