OPINION
FRANCHINI, Chief Justice.
{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 Chavez's termination. City of Albuquerque v. Chavez, 1997-NMCA-034,
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