Sanchez V. Board Of Education Of Town Of Belen

The controversy arose when, during the early part of May 1958, the board was considering the reemployment of its teachers for the ensuing year. Sanchez had taught school for thirty years and was within the provisions of the Teachers' Tenure Act, and, in addition, was eligible for voluntary retirement under the Retirement Act. He did not come under the mandatory provisions of this latter act. See, 73-12-68, N.M.S.A.1953, 1959 Pocket Supp. One way or another, Sanchez was advised that he could be retired, and that otherwise charges would be brought against him by the board. In any event, Sanchez was convinced that he should voluntarily retire, and the board did not serve any charges against him in view of this action. He was formally advised that his contract was not renewed and that he was recommended to be placed on retirement status. During the next few days, the necessary retirement forms were completed and, after the close of the school year, forwarded to the proper office in Santa Fe for final processing. A few days thereafter, Sanchez journeyed to Santa Fe and received information that he could not be forced to retire, so final action on the retirement was deferred indefinitely at the state level. As a result, he advised the board by letter that their action was improper and requested a hearing by the board on its retirement decision. In August, the board held what is termed a "hearing," but refused to reverse their decision as to retirement. Thereafter, Sanchez sought a review by the state board of education, but was initially refused because there had been no formal hearing before the local board, and upon a later application to the state board the decision of the local board was upheld. Sanchez then filed this action, to require the board to reinstate him and to pay his compensation for the intervening period.