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Gonzales, et al., v.
City
Kidd, et
al., v. City
P. Chavez v. City CITY BOARDS
UNION CONTRACTS
July 1, 2008 to June 30, 2011 July
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to July 1, 2010
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City Labor Board Meeting: "Tempers Flare at
City Meeting"
Audio of Labor Board Meeting 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.
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