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SANTA FE PUBLIC SCHOOLS v. ROMERO

No. 20,452.

37 P.3d 100 (2001)

2001 NMCA 103

131 N.M. 383

SANTA FE PUBLIC SCHOOLS, Respondent-Appellant, v. Rodney ROMERO, Petitioner-Appellee.

Court of Appeals of New Mexico.

October 18, 2001.

Attorney(s) appearing for the Case

Eleanor K. Bratton, Michael L. Carrico, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, NM, for Respondent-Appellant.

Mary L. Marlowe, The Marlowe Law Firm, P.C., Santa Fe, NM, for Petitioner-Appellee.

John F. Kennedy, Naomi J. Barnes, Cuddy, Kennedy, Hetherington, Albetta & Ives, L.L.P., Santa Fe, NM, for Amicus Curiae New Mexico School Boards Association.

K. Lee Peifer, Justin Lesky, Law Offices of K. Lee Peifer, Albuquerque, NM, for Amicus Curiae American Federation of Teachers.

Jerry Todd Wertheim, John V. Wertheim, Jones, Snead, Wertheim, Wentworth & Jaramillo, Santa Fe, NM, for Amicus Curiae National Education Association-New Mexico.

Debra J. Moulton, Kennedy, Moulton & Wells, P.C., Albuquerque, NM, for Amicus Curiae New Mexico Coalition of School Administrators.

OPINION

FRY, Judge.

{1} In this opinion we clarify the standard of review employed by an independent arbitrator reviewing a school board's discharge of a certified school employee. Because the arbitrator failed to use the correct standard of review, we remand for a new arbitration. Because the arbitrator was dilatory in his handling of the case, the new arbitration should be before a different arbitrator.

BACKGROUND

{2} This case...

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