ABQGOV.COM
An unofficial government website


PENDING LEGAL CASES

9 SWMD Supervisors v. City

Gonzales, et al., v. City
311 employees "at will"?

Kidd, et al., v. City
Temporary & Seasonal Employees

P. Chavez v. City
Rodriguez v. City

Consolidated Overtime Pay Appeal to 10th Cir Ct. App.

Salazar v. City



CITY CHARTER

CITY ORDINANCES


CITY BOARDS

   Personnel

   Labor Board
 


UNION CONTRACTS

July 1, 2008 to
June 30, 2011

    Police

    Fire

    Transit

July 1, 2008 to
June 30, 2010

    Blue Collar

    White Collar

June, 2010 to
June 30, 2011

    M-Series

July 1, 2010 to
June 30, 2012

    Security
 


CITY ISSUE BLOGS:

Eye on Albuquerque

What's Wrong /With this Picture

'Burque Babble

Duke City Fix
 


EMPLOYMENT LAW BLOGS:

Workplace Prof Blog

George's Employment Blawg

HR-Hero

LawMemo Employment Law Blog

Labor & Employment Law Blog (Shepherd Mullen)

EEO Blog (Paul Mollica)

Jottings by an Employment Lawyer

Employment Law Info. Net

HR Lawyer's Blog

What's New in Employment Law?



LEGAL BLOGS

Adjunct Law Prof Blog

Charlies Train Law blog

Current Employment

Doorey's Workplace Law Blog

Employment Law Blog (Warren & Hayes)

Evil HR Lady

Gruntled Employees

Human Resource Blog

Labor Pains

Lawffice Space

Manpower Employment Blawg

Retirement Plan Blog

The Word

Work Matters

World of Work
 


Alaska Employment Law

California Labor & Employment Law Blog

California Labor & Employment Law

BlogCalifornia Employment Law (Storm's)

Connecticut Employment Law Blog

Delaware Employment Law Blog

NY Labor & Employment Law Report

Ohio Employer's Law Blog

Washington [DC] Labor and Employment Law Wire
 


LABOR & EMPLOYMENT LAW
Texts and Law by David Twomey

PERFORMANCE MANAGEMENT
Smithers & London

HANDBOOK OF SEC. 1983 LITIGATION
 


Reverse Phone Directory

New Mexico Court Case Lookup

How Appealing (Appellate Law Blog)

HOME PAGE

This website is produced by Paul Livingston, an employment attorney who has been advancing and defending the rights of City employees and fighting for open government for more than 20 years. 

This an "unofficial government website," a resource providing access to news, information, and opinions about Albuquerque's government that is generally unavailable anywhere else. 

The City has its official website:  www.cabq.gov.  


TRIALS AND TRIBULATIONS OF THE CITY LABOR BOARD

NEUTRAL CHAIRMAN?

On March 18, 2011, without prior notice or public hearing, the City issued an Agenda for a meeting of the Labor Board on Tuesday, April 19, 2011, at 8:00 a.m.  The Agenda was captioned with three names: Justin Lesky, Barbara Stephenson, and the purported "neutral" Chairman, attorney George Bach

It was obvious that the selection of George Bach had not taken place in open meetings, and that the public's "right to know" had been violated.  There had not been a functioning 3-member Labor Board since December, 2009. 

The Board member appointed by the unions, attorney Justin Lesky, and the member appointed by the City had made sporadic attempts, but had been unable to agree on a third and "neutral" Chairperson for over a year. 

On March 28, 2011, Paul Livingston sent a Notice of Violation of the Open Meetings Act to Mayor Richard Berry.  He also filed a Request for Inspection of Public Records, seeking e-mail and other communications among the City attorneys and the two Labor Board members.

City e-mails reveal that starting in January, 2010, the City pressured the two appointees to select the third member.  David Campbell, then CAO, sent a letter setting a March 4 deadline, and on March 10, the new Chief Administrative Officer, Rob Perry, scheduled a meeting with the two Board members

In the past the selection of the "neutral" Board Chairperson had taken place in open meetings in accordance with the New Mexico Open Meetings Act.

Review of the City's e-mail communications show that Assistant City Attorneys Rebecca Wardlaw, head of the City's employment litigation section, and Doris Duhigg, the attorney assigned to represent the City's Labor Board and Personnel Board, were working together to "assist" the Labor Board appointees select a third member.  Before the Berry administration, City Attorney Bob White had at least theoretically maintained a "Chinese Wall" between the Board attorney and the City's employment attorneys.  

Within a few days after the selection of George Bach as the neutral Board member was revealed, the City amended the agenda again  to take Bach's name off the caption.  Also, the City discovered that he was far from neutral, having been co-counsel with Lesky in cases against the City.

On Tuesday, April 19, 2011, a surprise announcement was made by Barbara Stephenson, withdrawing her nomination of George Bach.  The Second Amended Agenda for the meeting does not, however, mention George Bach's name.  It does include as the first substantive item on the agenda: "Nomination for 3rd member nuetral (sic)." 

Subsequently, Tom Griego was selected by Justin Lesky and Barbara Stephenson to be the neutral Chairman of the Labor Board.

On August 1, 2011, after a meeting on the subject of majority representation for the Transit Department's drivers, Mr. Griego announce his resignation.  He said he has accepted the job of Executive Director of the tState Labor Board. 


City Labor Board Meeting:  "Tempers Flare at City Meeting"
KOB-TV-4, April 19, 2011.

Audio of Labor Board Meeting
Peter St. Cyr, VeritasNM, April 19, 2011

 

CITY EMPLOYMENT NEWSews 

City Lacks Functioning Labor Board (Albuq. Journal, Dan McKay, April 6, 2011)

Mayor Blocks Transit Union Election (VeritasNM, Peter St. Cyr, Mar. 25, 2011)

311 CCC Operators Ruled "at will" Employees (Opinion & Order, Feb. 23, 2011)

Former 311 Call Center Workers Suing City Hall (Albuq. Journal, Sept. 3, 2010)

Former City Bus Driver Sues to Get Job Back (KOAT-TV-7, July 26, 2010)

Mayor to Reduce Employee Raises (Albuquerque Journal, July 9, 2010)

City's Drug Test Penalty in Limbo (KOAT-TV-7, March 1, 2010)


CCITY INFORMATION REFERENCES AND RESOURCES

 

ABQ-View

City's Website

Home Page

Home Page

Department Listings

Annual Information Statements

Audit Reports

Annual Financial Reports

 

 

 

City Laws and Rules

 

 

 

 

Open Government

 

 

 

 

 

 

 

 

Ordinances and Instructions

 

 

 

 

 

 

 

 

Boards & Commissions

 

 

 

 

 

Employee
Litigation


City Charter, Ordinances, and Rules and Regulations

City Drug Testing Policy - Administrative Instruction 7-1
(revised 2/7/2006)

Index/Links to City Ordinances       

Links to City Administrative Instructions


City Public Records Custodians

New Mexico Open Meetings Act, Sec. 28-1-2 NMSA

New Mexico Open Meetings Act Compliance Guide (7th Ed., 2010)

New Mexico Inspection of Public Records Act, Sec. 14-1-2, NMSA

New Mexico Insp. of Public Records Compliance Guide (6th Ed., 2009)

City Public Records Access Ordinance

City Digital Information Access Ordinance 

City Accountability in Government Ordinance  

City Independent Office of Administrative Hearings Ordinance 
 


City Nuisance Abatement Ordinance

City Sex Offender Ordinance

City STOP (red-light camera) Ordinance


Boards & Commissions Ordinance

Labor-Management Relations Ordinance

Labor Board Rules and Regulations

Merit System Ordinance

Old Personnel Board Rules and Regulations

NEW PERSONNEL BOARD RULES AND REGULATIONS

NEW PERSONNEL BOARD RULES OF PROCEDURE FOR APPEALS


Employment Cases - Pending

Gonzalez, et al. (311-CCC Employees), v. City of Albuquerque

Salazar v. City of Albuquerque

Patrick Chavez, et al., v. City of Albuquerque - and - Lawrence Rodriguez, et al., v. City
Overtime Pay Cases Pending Consolidated Appeals in 10th Circuit Court of Appeals

New Mexico Transportation Union, et al., v. City of Albuquerque, et al.  (2nd J.D.)
Merit System case

Sammy Kidd vs. City of Albuquerque, et al.
Long-term "temporary" or "seasonal" employees.

Employment Cases - Appealed and Decided

Kelley v. City of Albuquerque

Orr v. City of Albuquerque
531 F.3d 1210 (10th Cir. 2008)

Weaver v. Chavez
458 F.3d 1096 (10th Cir. 2006)

Maestas & Hort v. City of Albuquerque

Hardeman v. City of Albuquerque
377 F.3d 1106 (10th Cir. 2004)


City Labor Cases

City of Albuquerque v. Montoya (P.E.L.R.B.) new!
N.M. Ct. App., August 12, 2010

Granberry v. Albuquerque Police Officers Assn.
144 N.M. 595; 189 P.3d 1217; 2008 NMCA 94

Wessel v. City of Albuquerque and AFSCME, Local 624

Wessel v. City - Decision on Remand to U.S. District Court

Harrington v. City of Albuquerque and AFSCME, Local 624
Summary Judgment on violation of Fair Share

Harrington, et al., v. City - Class Action Certification

Albuquerque Drug Testing Cases (1994-1998)

Saavedra v. City of Albuquerque
859 F. Supp. 526 (USDC, 1994)

Saavedra 2 v. City of Albuquerque
917 F. Supp. 760 (USDC, 1994)

Saavedra 3 v. City of Albuquerque
73 F. 3d 1525 (10th Cir. 1996)

Rutherford v. City of Albuquerque
77 F. 3d 1258 (10th Cir. 1996)

Anaya v. City of Albuquerque
924 P.2d 735; 122 N.M. 326 (Ct. App. 1996)

Benavidez v. City of Albuquerque
101 F.3d 620 (10th Cir. 1996)

Strickland v. City of Albuquerque
130 F.ed 1408 (10th Cir. 1997)

P. Chavez v. City of Albuquerque
952 P.2d 474; 124 N.M. 479; 1998-NMCA-4

19 Solid Waste Mechanics v. City of Albuquerque
156 F.3d 1068 (10th Cir. 1998)

Silas Garcia v. City of Albuquerque
232 F. 3d 1068 (10th Cir. 1998)

Jaramillo v. City of Albuquerque
958 P.2d 1244 (Ct. App. 1998)

Lara v. City of Albuquerque
126 N.M. 455; 971 P.2d 846 (1998)

Other Appealed City Cases:

Buck v. City of Albuquerque
549 F. 3d 1269 (10th Cir. 2009)

Rio Grande Kennel Club v. City of Albuquerque
2008 NMCA 093; 190 P.3d 1131

ACLU v. City of Albuquerque  (Vehicle Seizures)
2008 NMSC 045; 188 P.3d 1222

Lessen v. City of Albuquerque
2008 NMCA 085; 187 P.3d 179

Albuquerque Commons Partnership v. Abq. City Council
2008 NMSC 025; 184 P.3d 411; 144 N.M. 99

ACLU v. City of Albuquerque (Sex Offenders)
2006 NMCA 078; 137 P.3d 1215