NM Court of Appeals Schedules July 2 Hearing

NM Court of AppealsThe 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.

For more information, contact Nora Gonzales at 505-841-4618.

June 25, 2013