45th legislature - STATE OF NEW MEXICO - second session, 2002

RELATING TO EDUCATION; PROVIDING THAT COSTS AND ATTORNEY FEES MAY BE ASSESSED AGAINST A PERSON WHO FILES A FRIVOLOUS COMPLAINT OR A COMPLAINT IN BAD FAITH AGAINST SCHOOL PERSONNEL.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of the School Personnel Act is enacted to read:

"[NEW MATERIAL] FRIVOLOUS OR BAD FAITH COMPLAINTS--ASSESSMENT FOR COSTS.--

A. If a local school board, governing authority, state board or hearing examiner, in a hearing described in Subsection B of this section, finds that a frivolous complaint or a complaint in bad faith has been filed and, but for the frivolous or bad faith complaint, the hearing would not otherwise be necessary, the local school board, governing authority, state board or hearing examiner may assess costs and reasonable attorney fees against the person who filed the frivolous or bad faith complaint. Costs assessed pursuant to this subsection shall not exceed the expenses incurred in the investigation and prosecution of the complaint.

B. The provisions of Subsection A of this section apply to:

(1) a hearing on a termination decision conducted pursuant to Section 22-10-14 NMSA 1978;

(2) a discharge hearing conducted pursuant to Section 22-10-17 NMSA 1978;

(3) a hearing supervising or correcting unsatisfactory work performance conducted pursuant to rules adopted under Section 22-10-21 NMSA 1978; or

(4) a hearing on the suspension or revocation of a certificate conducted pursuant to Section 22-10-22 NMSA 1978."