NM Court of Appeals Schedules July 2 Hearing
June 25, 2013 - Jen Laws
The New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Tuesday, July 2, 2013. The oral argument is open to the public and begins at 10:00 a.m.
A three-judge panel will preside: Judge Michael D. Bustamante (’74), Judge Michael E. Vigil, Judge Timothy L. Garcia (’84).
Following are the details of the case:
ALBUQUERQUE POLICE OFFICERS’ ASSOCIATION, JOEY SIGALA, FELIPE GARCIA, TOM NOVICKI and MATT FISHER, Plaintiffs-Appellants/Cross-Appellees, represented by Frederick M. Mowrer, Rose Bryan
vs.
CITY OF ALBUQUERQUE, ALBUQUERQUE POLICE DEPARTMENT, and MAYOR RICHARD BERRY, Defendants/Appellees/Cross-Appellants, represented by David Tourek, Rebecca E. Wardlaw, Robin A. Goble
Appellant states that the District Court erred when it ruled that the Albuquerque Police Officers’ Association (APOA) did not raise a question of material fact regarding whether the city appropriated funds to cover the entirety of the Collective Bargaining Agreement (CBA) in 2008; that the APOA proffered evidence that the City took the steps necessary for an appropriation thereby shifting the burden to the City to prove that the funds were unavailable; and that a CBA containing a multi-year expenditure does not violate the Bateman Act when the legislative body appropriates sufficient funds to cover the entire financial obligation at the time that an agreement is entered into and the funds were available at the time the expenditure was approved.
- Appellant’s Brief in Chief
- Appellee/Cross-Appellant’s Brief in Chief
- Appellee Answer Brief
- Appellant Answer Brief
- Appellant’s Reply Brief
- Appellee Reply Brief
For more information, contact Nora Gonzales at 505-841-4618.
