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eBook details

• Title: Rutherford v. City of Albuquerque
• Author : New Mexico Supreme Court
• Release Date : January 16, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

This appeal addresses the time parameters for appealing a City of Albuquerque Personnel Board decision. The Albuquerque Merit System Ordinance establishes an administrative procedure for resolving grievances pertaining to disciplinary matters involving city employees. Albuquerque, N.M., Rev. Ordinances, ch. 2, art. IX, § 2-9-25(D) (1989). Theresa Rutherford appealed, by filing a petition for a writ of certiorari in accordance with the ordinance, from an adverse decision of the Board forty-five days after it was signed and within thirty days after it was mailed. The district court dismissed Rutherfords writ of certiorari on the ground that it was not timely filed. We reverse and hold that the time for appeal begins to run upon the mailing of the Boards decision.

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