AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The New Mexico Department of Corrections (DOC) adopted an Employee DWI Policy requiring employees charged with or convicted of DWI to report the incident and imposing sanctions based on the number of offenses. Rudy Sais, a Correctional Officer for DOC, was terminated after his second DWI arrest, despite the criminal charges being dismissed. Sais appealed his termination, arguing disparate treatment compared to other DOC employees with multiple DWI arrests who were not terminated.

Procedural History

• Original proceeding on certiorari, John W. Pope, District Judge: [Not applicable or not found]
• District Court: Reversed the Personnel Board's decision, finding Sais's termination arbitrary, capricious, and contrary to law due to disparate treatment.
• Supreme Court of New Mexico: Reversed the District Court's decision and upheld the Personnel Board, affirming Sais's termination.

Parties' Submissions

• Respondent (Rudy Sais): Argued that he was treated differently than other DOC employees with multiple DWI arrests who were not terminated, claiming disparate treatment under the Employee DWI Policy.
• Appellee (New Mexico Department of Corrections): Provided explanatory evidence for the continued employment of other officers cited by Sais, arguing that Sais was not treated disparately and that his termination was consistent with the enforcement of the Employee DWI Policy.

Legal Issues

• Whether the termination of Rudy Sais for a second DWI arrest under the DOC's Employee DWI Policy was arbitrary, capricious, and contrary to law due to alleged disparate treatment compared to other similarly situated employees.
• Whether the Employee DWI Policy itself is contrary to law under NMSA 1978, Section 28-2-4(A), which requires termination of public employees to be based upon conviction of a crime, not a mere arrest.

Disposition

• The Supreme Court of New Mexico reversed the District Court's decision and affirmed the ruling of the Personnel Board, upholding Rudy Sais's termination.

Reasons

• The Supreme Court found that the DOC provided substantial evidence to justify Sais's termination and to explain any alleged differences in the treatment of other employees. The Court distinguished Sais's case from the precedent set in Kibbe, noting that Sais was treated the same as all but one similarly-situated corrections officer, making him the norm rather than the exception. The Court also found that the DOC had a defensible, policy-based reason for not terminating another officer during a policy review period. The Court declined to address the legality of the Employee DWI Policy under the New Mexico Criminal Offender Act, as the issue was not preserved for review. Justice Serna specially concurred, expressing discomfort with the outcome but acknowledging the legal correctness based on the record and arguments (paras 1-32).