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Kibbe v. Elida School District12/23/1999
ent to remove a player from the team. When asked what kind of example he thought his behavior set for students, Kibbe responded that he had spoken to each of his players and many of his students and that he used his arrest as a teaching tool to convey the message that leadership is not infallible. Finally, Kibbe stated that he coached the Elida basketball team in twenty games at an independent summer basketball camp following the arrest.
{10} Pursuant to statute, the independent arbitrator conducts a de novo review of the school board's termination decision. Section 22-10- 14.1(D). Specifically, the independent arbitrator assesses "whether there was just cause for the decision of the local school board . . . to terminate the employee ." Id. The Legislature has defined "just cause" in this context as "a reason that is rationally related to an employee's competence or turpitude or the proper performance of [the employee's] duties and that is not in violation of the employee's civil or constitutional rights." NMSA 1978, § 22-10-2(F) (1994). Before the independent arbitrator, the Elida school board bears the burden to "prove by a preponderance of the evidence that, at the time the notice of termination was served on the employee, the local school board . . . had just cause to terminate the employee." Section 22-10-14.1(J). Following the presentation of evidence, the independent arbitrator affirmed the school board's decision to terminate Kibbe.
II. Procedural History and Standard of Review
{11} Although the Legislature has provided that the independent arbitrator's decision is "binding on both parties and shall be final and non-appealable except where the decision was procured by corruption, fraud, deception or collusion," Section 22-10-14.1(P), Kibbe sought review of the independent arbitrator's decision by writ of certiorari in the district court. See Rainaldi v. Public Employees Retirement Bd., 115 N.M. 650, 654, 857 P.2d 761, 765 (1993) ("A writ of certiorari . . . lies when it is shown that an inferior court or tribunal has exceeded its jurisdiction or has proceeded illegally, and no appeal or other mode of review is allowed or provided."); Rule 1-075(A) NMRA 1999 (governing review by the district court of "any state or local government administrative or quasi-judicial entity" by writ of certiorari "pursuant to the New Mexico Constitution when there is no statutory right to an appeal or other statutory right of review"); cf. Roberson v. Board of Educ., 78 N.M. 297, 299-300, 430 P.2d 868, 870-71 (1967) (stating that, due to the lack of statutory provision for appeal from the New Mexico State Board of Education, "the only remedy available for reviewing the actions of the State Board [affirming a local school board's discharge of a teacher] was certiorari"). In reviewing the constitutionality of a similar statute, this Court recognized that "due process, together with separation of powers considerations, requires that parties to statutorily mandated arbitration be offered meaningful review of the arbitrator's decision." Board of Educ. v. Harrell, 118 N.M. 470, 485, 882 P.2d 511, 526 (1994).
{12} Under Rule 1-075(Q),
he district court may enter an order reversing the decision of the agency if it finds that:
(1) the agency acted fraudulently, arbitrarily or capriciously;
(2) based upon the whole record on review, the decision of the agency is not supported by substantial evidence;
(3) the action of the agency was outside the scope of authority of the agency; or
(4) the action of the agency was otherwise not in accordance with law. Accord Harrell, 118 N.M. at 485, 882 P.2d at 526.
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