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Kibbe v. Elida School District12/23/1999
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Applying this standard, the district court affirmed the decision of the independent arbitrator.
{13} Kibbe appealed the district court's order to the Court of Appeals, see Rule 1-075(T), and the Court of Appeals, determining that the issue of a school board's termination of a teacher's employment for DWI and the potential impact of the COEA on that termination constitutes a matter of substantial public interest, certified the case to this Court. See NMSA 1978, § 34-5-14(C)(2) (1972). On appeal, we review the decision of the independent arbitrator under the same standard applicable in the district court. See Conwell v. City of Albuquerque, 97 N.M. 136, 138, 637 P.2d 567, 569 (1981). Thus, we must examine whether the independent arbitrator's decision that the Elida school board had just cause to terminate Kibbe is arbitrary or capricious, not supported by substantial evidence in the record as a whole, or otherwise not in accordance with law.
III. Evidence of Just Cause for Termination
{14} We begin our analysis of the independent arbitrator's decision with the plain language of the statute. See Whitely v. New Mexico State Personnel Bd., 115 N.M. 308, 311, 850 P.2d 1011, 1014 (1993) (stating that "the plain language of the statute the primary indicator of legislative intent"). "` ust cause' means 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." Section 22-10-2(F). The school board introduced substantial evidence that Kibbe drove while under the influence of alcohol and that he did not cooperate with police officers. However, there is no evidence in the record that these actions, standing alone, have any relationship whatsoever to Kibbe's competence as a teacher and a coach. To the contrary, Superintendent Cody testified that the termination had nothing to do with Kibbe's ability to teach and coach. We also conclude that these actions do not involve moral turpitude. See, e.g., Finley v. State, 661 So. 2d 762, 765 (Ala. Crim. App. 1995) (stating that resisting a police officer, assault in the third degree, and driving under the influence "are not crimes of moral turpitude"); Hall v. Hall, 402 S.E.2d 726, 727 (Ga. 1991) (" misdemeanor conviction for DUI is not a crime of moral turpitude."); Lopez v. State, 990 S.W.2d 770, 778 (Tex. App. 1999, no pet.) ("A misdemeanor driving while intoxicated conviction is not an offense involving moral turpitude."); cf. State v. Lara, 109 N.M. 294, 298, 784 P.2d 1037, 1041 (Ct. App. 1989) (upholding a trial court's determination that the crime of allowing oneself to be served alcohol as a minor was not an offense involving moral turpitude).
{15} The school board, in its written reasons for termination, stated that the "public scandal" caused by Kibbe's arrest "compromised effectiveness as a teacher, coach and employee." Before the independent arbitrator, however, the only evidence of any public scandal came from Superintendent Cody. According to Cody, almost the entire community of Elida was aware of Kibbe's arrest, and from Cody's interaction with community members, he believed that a majority of community members opposed rehiring Kibbe. Kibbe testified that each member of the community to whom he spoke had voiced support for him. Based on the record as a whole, we are unable to conclude that the school board introduced substantial evidence that a public scandal, if one existed, would have interfered with the proper performance of Kibbe's duties as a teacher and a coach in the Elida Public Schools. Pursuant to Section 22-10-14.1(J), it was incumbent upon the
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