STATE v. HERNANDEZ

No. 10963.

556 P.2d 1174 (1976)

89 N.M. 698

STATE of New Mexico, Petitioner-Appellee, v. Joe L. HERNANDEZ, Richard M. Padilla, Alice E. Daum, Robert M. Sweeney and J.C. Miller, Members of the Santa Fe City Board of Education, Respondents-Appellants.

Supreme Court of New Mexico.

December 9, 1976.


Attorney(s) appearing for the Case

Catron, Catron & Sawtell, Fletcher R. Catron, Santa Fe, for respondents-appellants.

Toney Anaya, Atty. Gen., F. Scott MacGillivray, J. Kent Winchester, Asst. Attys. Gen., Santa Fe, for petitioner-appellee.


OPINION

OMAN, Chief Justice.

This cause is before us on appeal from a summary judgment, which was expressly based upon the district court's conclusion that the words "personnel matters," as used in § 5-6-23(E), N.M.S.A. 1953 (Supp. 1975), mean "matters relating to the discipline or hiring or dismissal of an employee." We reverse.

The State of New Mexico (State) brought a declaratory judgment suit against the members of the Santa Fe City Board...

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