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SAIS v. NEW MEXICO DEPT. OF CORRECTIONS

No. 32,776.

275 P.3d 104 (2012)

2012-NMSC-009

Rudy SAIS, Appellant-Respondent, v. NEW MEXICO DEPARTMENT OF CORRECTIONS, Appellee-Petitioner.

Supreme Court of New Mexico.

March 22, 2012.

Attorney(s) appearing for the Case

New Mexico Corrections Department, James R.D. Brewster , General Counsel, Santa Fe, NM, for Petitioner.

Melendres, Melendres & Harrigan, P.C., A. Paul Melendres , Albuquerque, NM, for Respondent.

OPINION

BOSSON, Justice.

{1} This Court has previously established the principle that when an employer disciplines two public employees, arrested or convicted of driving while intoxicated (DWI), in a significantly different manner yet based on substantially similar conduct, the employer owes a legal duty to explain that difference satisfactorily with evidence in the record. If not, the court will reverse the action taken as arbitrary and capricious...

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