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SELMECZKI V. N.M. DEPT. OF CORRECTIONS, 2006-NMCA-024, 139 N.M. 122, 129
P.3d 158

STEPHEN SELMECZKI,
Petitioner-Appellant,
v.
NEW MEXICO DEPARTMENT OF
CORRECTIONS,
Respondent-Appellee

Docket No. 24,646
COURT OF APPEALS OF THE STATE OF NEW MEXICO
2006-NMCA-024, 139 N.M. 122, 129 P.3d 158
January 12, 2006, Filed

APPEAL FROM THE DISTRICT COURT OF VALENCIA COUNTY, William Sanchez, District Judge Released for publication February 28, 2006
COUNSEL
L. Helen Bennett, P.C., L. Helen Bennett, Albuquerque, NM, for Appellant
New Mexico Department of Corrections, James R. Brewster, Deputy General Counsel, Santa Fe, NM, for Appellee

JUDGES
CYNTHIA A. FRY, Judge. WE CONCUR: A. JOSEPH ALARID, Judge, IRA ROBINSON, Judge
AUTHOR: CYNTHIA A. FRY

OPINION
FRY, Judge.
{1} Stephen M. Selmeczki (Worker) appeals the termination of his employment with the Department of Corrections (the Department), which both the Personnel Board and the district court affirmed.  The termination resulted from accusations that Worker slapped coins at the Secretary and Deputy Secretary of Corrections and cursed at them in relation to a lack of pay raises for correctional officers. We conclude that the record in this case is sufficient to support the termination of Worker for intentional misconduct and such termination is consistent with New Mexico case law. Therefore, we reject Worker's contention that progressive discipline was required prior to termination of his employment where he engaged in intentional, hostile, and unprovoked conduct approaching a physical fight.  We also conclude that Worker's argument that he had no notice of what behavior could result in termination was neither preserved for our review nor supported by authority.
I. FACTUAL BACKGROUND
{2} We begin with uncontested background facts and then present the conflicting testimony given before the Personnel Board Administrative Law Judge (ALJ) regarding the confrontation itself. Our review of an administrative agency's findings of fact involves whole record review, Regents of University of New Mexico v. New Mexico Federation of Teachers, 1998-NMSC-020,

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