Last Updated:

January 06, 2011

ABQGOV.COM
Albuquerque, New Mexico

OTHER
LAWSUITS

Merit System Ordinance

Labor-Management Ordinance

Paul Salazar

v.

City of Albuquerque, Richard Berry, Martin Chavez, and Greg Payne

Case No. CIV 10-0645 JB-RLP
 

Notice of Pre-Determination Hearing

Revised Notice of Pre-Determination Hearing

Salazar's Response to Revised Notice

Defendants:  Michael I. Garcia and Peter Pierotti, Assist. City Attorneys

Salazar's First Amended Complaint (filed Sept. 23, 2010)

City's Motion to Dismiss

City's Memorandum in Support of Motion to Dismiss

Salazar's Response to City's Motion to Dismiss

          A city bus driver who lost his job after pleading no contest to attempted criminal sexual contact of a minor but later had his employment reinstated by a personnel board is suing the city in federal court.
        Paul Salazar, in a complaint filed this month by his attorney Paul Livingston, claims city officials "have done nothing to comply with their promises and obligations to return Mr. Salazar to work, pay his back wages, reinstate his benefits, and expunge his record." His lawsuit also alleges defamation.
        City Attorney Robert Perry said the city is trying to "remediate" the situation, which carried over from Mayor Martin Chávez's administration.
        "We're trying to do that with a sound policy decision," Perry said. "We're looking for different positions of similar duties and similar pay to reinstate Mr. Salazar." But not as a bus driver, he said.
        "We thought basically that the best policy was not to return Mr. Salazar to his job as a bus driver. And the reasons for that is that we didn't want him subject to false accusation because of this situation and circumstances that involve it not being good for him as it relates to his safety and false accusation," Perry said.
        He also called it an untenable situation for the city: "for our ridership, for our confidence in the integrity of our transit system and the employees."
        Even though Salazar wasn't "adjudicated guilty," Perry said, the mere accusation causes potential problems and liability exposure, as well.
        Mayor Berry, said earlier this year, "The city believes it is not in the public's best interest that this individual be allowed to drive a city bus," and that the city was pursing all legal options in the matter.
        Salazar was fired by the transit department in 2007 after it was learned he pleaded no contest to attempted criminal sexual contact of a minor and failed to notify his supervisor. He maintained his innocence and challenged his firing, which led to the personnel board reinstating him based on a personnel hearing officer recommendation. The city appealed the ruling to District Court, which sent the case back to the hearing officer and the personnel board, which again upheld reinstatement. The city appealed again, though nothing has been filed in that case since December, online court records indicate.
        Salazar's complaint names the city, Chavez, Berry and former ABQ Ride head Greg Payne as defendants. It cites alleged public statements made about him or his case by city officials and contends that he "has suffered extreme and irreparable personal and financial harm and damage to his reputation, humiliation, embarrassment, and public disgrace."
        The lawsuit maintains that Salazar will be unable to secure work or continue his career as a bus driver.
        Alleging due process violations, defamation and breach of contract and other things, Salazar is seeking punitive damages, among other relief.
        Livingston on Friday estimated that Salazar is owed about $130,000 to $140,000 in back pay at this point.