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SMYERS v. CITY OF ALBUQUERGUE

No. 25,774.

141 P.3d 542 (2006)

2006-NMCA-095

JOHN D. SMYERS, Petitioner-Appellant, v. CITY OF ALBUQUERQUE and City of Albuquerque Personnel Board, Respondents-Appellees.

Court of Appeals of New Mexico.

June 30, 2006.

Attorney(s) appearing for the Case

Lester C. Cannain, Albuquerque, NM, for Appellant.

Robert M. White, City Attorney, Randy M. Autio, Deputy City Attorney, Shelley B. Mund, Assistant City Attorney, Albuquerque, NM, for Appellees.

OPINION

CASTILLO, Judge.

{1} John Smyers appeals his termination from employment with the City of Albuquerque (City). We affirm.

I. BACKGROUND

{2} Smyers was a technical program manager in the Public Works Department of the City. On three separate occasions in early October 2002, two witnesses saw Smyers in his office exhibiting behavior consistent with that of a person masturbating. On October 9, 2002, Smyers...

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