STATE OF NEW MEXICO COLNTY OF SAN JUAN ELEVENTH JUDICIAL DISTRTCT THE NATIONAL EDUCATION ASSOCIATION OF NEW MEXICO,

CENTRAL CONSOLIDATED EDUCATIONAL ASSOCIATION, and APRIL BAISAN,

Petitioners,

FILED IN MY OFFICE DISTRICT COURT CLERK 113012014 2:52:36 PM WELDON J. NEFF

Lainie

) )

)No._D-1

16-CV-20

l4- 00006

CENTRAL CONSOLIDATED SCHOOL DISTRICT and MR. DON LEVINSKI, Superintendent, )

)

) )

Respondents.

) )

ALTERNATIYE WRIT OF MANDAMUS

TO:

Don Levinski, Superintendent Central Consolidated School District P.O. Box 1199 Shiprock, New Mexico 87420

GREETINGS: WHEREAS, it appears to the Court as follows:

l.

Whereas, Plaintiff National Education Association

New Mexico (*NEA-NM") is a

professional and labor organization; Plaintiff Central Consolidated Educational Association

("CCESA") is a local affiliate of NEA-NM.

2. 3.

Whereas, Plaintiff CCEA

is a local labor organization

representing educational

employees in the Central Consolidated School District.

Whereas, Petitioner

April Baisan was employed by Central Consolidated

Schools as a

high school teacher at Shiprock High School,

Alternative Writ of Mandamus Page - 1

4, 5. 6. 7. 8. 9.

Whereas, Respondent Central Consolidated School District is a public school district

in Shiprock, New Mexico, serving the four-corners area. Whereas, Respondent Don Levinski. as Superintendent

of

Central Consolidated

Schools, is a public officer. Whereas, Petitioner requested a discharge hearing pursuant to

NMSA

1978

22-l0A-

27 before the school board for Central Consolidated Schools; Whereas, Petitioner requested discovery pursuant to NMSA 1978 22-l0A-27(E); Whereas, Respondents have failed to schedule a discharge hearing before the local

school Board; Whereas, Respondents have breached its mandatory non-discretionary duty to foilow

the mandates of the School Personnel Act by failing to provide Petitioner with a discharge
hearing before the local school board;

10.
I

Whereas, Petitioner is entitled to a discharge hearing before the local school board; Whereas, Petitioner is entitled to receive discovery pursuant to the School Personnel

1.

Act;

12. 13.
of law.

Whereas, the Petition

for Writ of Mandamus is appended and an exhibit

hereto

pursuant to NMSA Rule 1-065(C). Whereas, Petitioners have no plain, speedy and adequate remedy in the ordinary court

THEREFORE, you are commanded forthwith to:

A, Comply with your mandatory non-discretionary duty to provide a discharge

before the local school board pursuant to the School Personnel Act.

hearing

B. If Respondents so desire,
by: February2l,2014.
Alternative Writ of Mandamus
Page - 2

serve and file a response to the Petition for Writ of Mandamus

WITNESS the Honorable Karen L. Townsend, Districl Judge of the Eleventh Judicial District Court of the State of New Mexico, and seal of the District Court of San Juan County, this 30th day ofJanuary, 2A14.

COTIRT

ruDGE

D,STHiOT

COLIRT

Alternative Writ of Mandamus Page - 3