2006 New Mexico Statutes - Section 22-10A-27 — Discharge hearing; procedures.

22-10A-27. Discharge hearing; procedures.

A.     A local school board or the governing authority of a state agency may discharge a certified school employee only for just cause according to the following procedure:   

(1)     the superintendent shall serve a written notice of his intent to recommend discharge on the certified school employee in accordance with the law for service of process in civil actions; and   

(2)     the superintendent shall state in the notice of his intent to recommend discharge the cause for his recommendation and shall advise the certified school employee of his right to a discharge hearing before the local school board or governing authority as provided in this section.   

B.     A certified school employee who receives a notice of intent to recommend discharge pursuant to Subsection A of this section may exercise his right to a hearing before the local school board or governing authority by giving the local superintendent or administrator written notice of that election within five working days of his receipt of the notice to recommend discharge.   

C.     The local school board or governing authority shall hold a discharge hearing no less than twenty and no more than forty working days after the local superintendent or administrator receives the written election from the certified school employee and shall give the certified school employee at least ten days written notice of the date, time and place of the discharge hearing.   

D.     Each party, the local superintendent or administrator and the certified school employee, may be accompanied by a person of his choice.   

E.     The parties shall complete and respond to discovery by deposition and production of documents prior to the discharge hearing.   

F.     The local school board or governing authority shall have the authority to issue subpoenas for the attendance of witnesses and to produce books, records, documents and other evidence at the request of either party and shall have the power to administer oaths.   

G.     The local superintendent or administrator shall have the burden of proving by a preponderance of the evidence that, at the time of the notice of intent to recommend discharge, he had just cause to discharge the certified school employee.   

H.     The local superintendent or administrator shall present his evidence first, with the certified school employee presenting his evidence thereafter. The local school board or governing authority shall permit either party to call, examine and cross-examine witnesses and to introduce documentary evidence.   

I.     An official record shall be made of the hearing. Either party may have one copy of the record at the expense of the local school board or governing authority.   

J.     The local school board shall render its written decision within twenty days of the conclusion of the discharge hearing.