Court Upholds Albuquerque Minimum Wage Law

ALBUQUERQUE, NM — Honorable Judge Shannon Bacon threw out a challenge to the Albuquerque Minimum Wage Ordinance today, ruling that the results of the 2012 general election are final and cannot be challenged now.

“It’s astonishing and disheartening that business groups were trying to cut hard working New Mexicans’ wages by nearly $3,000 a year,” said Trae Buffin who is a member of OLÉ. “I’m overjoyed that the court agreed with the people and that the minimum wage is safe in Albuquerque.”

The ruling arose out of a lawsuit filed against the city by business lobbyists attempting to end minimum wage, which was overwhelmingly passed by voters in 2012, and to remove the earned sick days ordinance from the October 2017 ballot. Community organizations and voters who support the law intervened in the case to defend the ordinance.

The earned sick leave ballot initiative, if passed, would give workers the right to earn sick leave to recover from illness or care for ill family members. Local community organizations have been working to educate the public on the earned sick leave initiative since last summer, when over 24,000 voters in Albuquerque signed the petition in support of it.

Judge Bacon has not yet ruled on the earned sick days initiative, but indicated at the hearing that she would do so soon.

The Healthy Workforce ABQ Ordinance can be read online here: https://healthyworkforceabq.org/full-language-of-ordinance/

 

 

Healthy Workforce ABQ Asks for Emergency Court Order to Prevent City from Using Illegal Ballot

Advocates Say Voters Deserve Fair Election on Earned Sick Days Question

ALBUQUERQUE, NM — Late Thursday, advocates for the passage of an earned sick leave law in the City of Albuquerque filed an emergency motion in Second Judicial District Court to prevent the City Clerk from using an illegal ballot for the October 3 election.

The Albuquerque City Council decided in a July 10 meeting to print the full text of the Healthy Workforce Ordinance (HWO) on the official ballot without a summary, and the City Clerk intends to print it in 7-point font. Healthy Workforce ABQ, OLÉ, and Albuquerque residents ask the court to ensure Albuquerque voters have a fair election by ordering the use of a ballot that they can read and understand.

“The city is attempting to block Albuquerque voters’ right to enact direct legislation,” said Elizabeth Wagoner, an attorney on the case from the New Mexico Center on Law and Poverty. “The city government insists on a ballot that is misleading and confusing. We are asking the court to protect the integrity of the 2017 election.”

The emergency motion argues that because the full text of the Healthy Workforce Ordinance will only fit on the ballot in an illegible and illegally-small font size — approximately 7-point font — the City Clerk should place a legible summary on the ballot and provide a legible, large-text copy of the full ordinance in each voting booth so that voters can read both documents. The city uses the same practice for bond questions.

According to federal voting systems guidelines adopted in Section 1-9-14 of the New Mexico Election Code, election ballots must be printed at a minimum of 8.5-point font or larger to ensure that voters with poor vision can read their ballots.

In their July meeting, the City Council also voted to include an advisory question on the ballot that uses partisan language to advocate against the HWO. The emergency motion argues that this is illegal because the City Charter and the New Mexico Constitution do not permit the Council to use a deceptive workaround to defeat a ballot initiative they do not like. The advocates are also asking the court to order that ballot question to be removed.

The emergency motion can be found here.

JUST IN: Judge Signs Temporary Restraining Order on Printing of November Ballot

District Judge Alan Malott signed a Temporary Restraining Order this afternoon preventing the Clerk of Bernalillo County from printing ballots for the November 8, 2016 general election without a summary of the Healthy Workforce Ordinance until further Order from his court. A hearing on this matter will take place on Monday, September 12, 2016 at 4:00 p.m.

The Temporary Restraining Order can be found here.

Complaint Filed to Add Summary of Healthy Workforce Ordinance on 2016 Ballot

healthy-workforce-abq-logoToday, attorneys with the New Mexico Center on Law and Poverty filed a complaint for declaratory and injunctive relief requesting a court order to put the summary of the Healthy Workforce Ordinance on the 2016 general election ballot. The complaint named as defendants the City of Albuquerque and Bernalillo County. Both the City and the County failed to fulfill their legal obligations to send this question to the voters in November.

The summary of the Healthy Workforce Ordinance reads as follows:

Proposing to enact the Albuquerque Healthy Workforce Ordinance such that, beginning 90 days after enactment: First, Albuquerque employers must allow employees to accrue sick leave at the rate of one hour of leave per 30 hours worked. Second, employees may use sick leave for their own or a family member’s illness, injury, or medical care, or for absences related to domestic violence, sexual assault or stalking. Third, employers with 40 or more employees must allow each employee to use up to 56 hours of accrued sick leave each year, and employers with fewer than 40 employees must allow each employee to use up to 40 hours of accrued sick leave each year. Fourth, employers must notify employees of their rights and maintain records. The ordinance also provides for public enforcement, a private right of action, and liquidated damages and penalties for noncompliance or retaliation.

The complaint filed in the Second Judicial District Court is available here.