(Download) "City of Albuquerque v. Chavez" by New Mexico Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: City of Albuquerque v. Chavez
- Author : New Mexico Supreme Court
- Release Date : January 21, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
{1} Petitioner-Employee Ernest Chavez was terminated by the City of Albuquerque Fire Department (Department). A divided Court of Appeals reversed the district court order that had set aside the decision of the City of Albuquerque Personnel Board sustaining Chavezs termination. City of Albuquerque v. Chavez, 1997-NMCA-034, 123 N.M. 258, 939 P.2d 1066. The majority opinion of the Court of Appeals held that "due process was not violated by requiring Employee to present his evidence first or to bear the burden of production or persuasion in [post-termination] proceedings before the Hearing Officer." Id. 1. While the majority acknowledged the Dissents concern that certain "procedural irregularities at the pre-termination proceeding had the effect of increasing, and not decreasing, the risk of error present at the post-termination hearing," id. 28, the majority did not address the alleged irregularities, concluding simply that Chavez "received all the process he was due." Id. 29. We granted certiorari, and, applying federal due process principles, we now reverse the Court of Appeals and reinstate the district courts ruling.
 "City of Albuquerque v. Chavez" by New Mexico Supreme Court * Book PDF Kindle ePub Free){kind=link}