ABQGOV.COM - City Employee Lawsuits

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January 06, 2011

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New Mexico Transportation Union, et al., vs. City of Albuquerque, et al.

2nd Judicial District Court Case No. CV-2003-02215

The City of Albuquerque has established - through its City Charter, by Ordinance (the Merit System Ordinance), and by Rules and Regulations - a "Merit System" that governs the hiring, promotion, conditions of employment, and discipline of City employees. Whether called a "Merit System" or a "Civil Service System," having some kind of a "system" that controls personnel management and imposes some sort of competitive process is considered essential to good government and the prevention of corruption.

New Mexico Transportation Union, et al. vs. City of Albuquerque, et al., challenged the City's failure to maintain a valid merit system. This page documents the issues and the litigation in that lawsuit, which was settled on the first day scheduled for trial.

CASE SETTLED: On Tuesday, September 6, 2005, the day scheduled for the start of the trial, the City and NMTU reached a Settlement Agreement, the Judge approved the agreement, and the Court signed an Order setting out specific procedures for the Personnel Board and an Order dismissing the case. As a result of the agreement, the Union prevailed on each and every point in contention and the City will have a functional Merit System for the first time in many years.

ISSUES:

LITIGATION:

FAILURE TO MAINTAIN AN ACTIVE PERSONNEL BOARD

Settlement: New provisions controlling appointment of Personnel Board members, staggered terms, holding of meetings, and open meetings

FAILURE TO CONDUCT PERFORMANCE EVALUATIONS

Settlement: New administrative instructions requiring annual performance evaluations

FAILURE TO SELECT FAIR AND NEUTRAL HEARING OFFICERS

Settlement: New limitations on Hearing Officer terms

FAILURE TO REFER DISCIPLINARY CASES TO MEDIATION

Settlement: New rules and provisions for Transit Employee mediation

FAILURE TO HIRE OR APPOINT AN OFFICER TO ADMINISTER THE MERIT SYSTEM

Settlement: City promises to provide sufficient resources and personnel to run the Merit System

OTHER MATTERS

Settlement:
1 employee reinstated with back pay
1 employee recovers back pay
2 employees have disciplinary process restarted
City pays $50,000.00 to NMTU in costs and attorney fees

First Amended Complaint

Second Amended Complaint

City's Answer to Second Amended Complaint

Interrogatories to City of Albuquerque (with City's Answers)

Interrogatories to James Lewis (with James Lewis' Answers)

Requests for Production of Documents (with Responses)

Motion to Compel Responses to Discovery

"Reply" to Motion to Compel Responses

Joint Motion to Bifurcate Proceedings
Order Bifurcating Proceedings

Motion for Default Judgment
Memorandum in Support of Motion for Default Judgment

Plaintiffs' Stipulations of Fact (Deemed "Admitted")

SETTLEMENT AGREEMENT (Sept. 6, 2005)

EVIDENCE:

City Charter

City's Merit System Ordinance

Ordinance - End of Board Members' Terms

Writ of Mandamus re Personnel Board (3/8/02)

Mediation Coordinator e-mail to Transit Department (6/3/03)

End of Term e-mail (9/11/03)