ARCHULETA v. SANTA FE POLICE DEPT.

No. 28,630.

108 P.3d 1019 (2005)

137 N.M. 161

2005-NMSC-006

Jerry ARCHULETA, Petitioner-Respondent, v. SANTA FE POLICE DEPARTMENT, ex rel., CITY OF SANTA FE, Joanne Vigil Quintana, John Whitbeck, and Danielle Wilson, in their capacity as members of the Grievance Review Board of the City of Santa Fe, and The Grievance Review Board, Respondents-Petitioners.

Supreme Court of New Mexico.

February 28, 2005.


Attorney(s) appearing for the Case

Bruce T. Thompson, City Attorney, Mark L. Allen, Assistant City Attorney, Miller Stratvert, P.A., Paula G. Maynes, Santa Fe, NM, for Petitioners.

Comeau, Maldegen, Templeman & Indall, L.L.P., Joseph E. Manges, Santa Fe, NM, for Respondent.

Patricia A. Madrid, Attorney General, Albert Roland Fugere, Special Assistant Attorney General, John W. Wheeler II, Special Assistant Attorney General, Santa Fe, NM, for Amicus Curiae, New Mexico Department of Public Safety.

Serra, Garrity & Masiowski, L.L.C., Diane M. Garrity, Santa Fe, NM, for Amicus Curiae, New Mexico Association of Counties.

Michael Schwarz, Santa Fe, NM, for Amicus Curiae, New Mexico National Employment Lawyers' Association.


OPINION

MINZNER, Justice.

{1} The City of Santa Fe, on behalf of the Santa Fe Police Department (SFPD), appeals from a memorandum opinion issued by the Court of Appeals in which the court reversed the demotion of Jerry Archuleta, a Department employee, on grounds that he was denied due process in the administrative proceedings. Archuleta v. Santa Fe Police Dep't., No. 23,445, ___ P.3d ___ (N.M.Ct.App. Apr. 5, 2004). The sole issue on appeal is whether...

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