City of ABQ files protection order against mayoral hopeful’s daughter

The theatrics continued with a lawsuit from Stella Padilla, who wants to run for mayor, alleging  Albuquerque’s city clerk failed to properly count petition signatures. The City of Albuquerque filed a protective order Monday against Stella Padilla’s daughter alleging the daughter twice harassed and tried to intimidate City Clerk Natalie Howard. Padilla originally sued  Howard in her official capacity as city clerk, alleging her office improperly vetted campaign petition signatures. An affidavit outlines two encounters Howard had with Padilla’s daughter, Vanessa Benavidez, over the past two months. [perfectpullquote align=”right” cite=”” link=”” color=”” class=”” size=””]Support NM Political Report’s quality journalism.

LCS argues guv’s vetoes ‘disturb the balance of power’ in state government

Attorneys for the Legislative Council Service urged the state Supreme Court to reject Gov. Susana Martinez’s large line-item vetoes in the state budgets in a Wednesday court filing. In the latest legal argument from LCS involving its lawsuit against Martinez, a response to arguments submitted last week from her legal camp, attorneys Jane Yohalem and Michael Browde argued that Martinez’s vetoes last month violate the state constitution. Specifically, the argued that a provision that bars the governor from re-writing the annual bill the Legislature passes to fund state government. Martinez vetoed the entire budgets for the state Legislature and the state Higher Education Department. The large vetoes, the attorneys added, violate the separation of powers between the Legislature and governor established in the state constitution.

Legislature files lawsuit against Gov. Martinez

The New Mexico Legislature filed a lawsuit against Gov. Susana Martinez Friday morning. The suit accuses Martinez of violating the state constitution when she vetoed the entirety of the budgets for the state Legislature and all higher education in New Mexico. Filed by the Legislative Council’s lawyer Tom Hnasko, the lawsuit calls the line-item veto of legislative funding an “attempt to eviscerate the ability of the other branch [of government] to perform its essential functions.”

In his filing, Hnsako asks the court to invalidate Martinez’s line-item vetoes of both the Legislature and higher education. “They’re suing the Governor because they want to raise taxes, and she’s the only one standing in their way,” Martinez spokesman Michael Lonergan said in a statement. “It’s disappointing because it shows a refusal to compromise as this is nothing but an attempt to bully her by short-circuiting the legislative process before a special session.

Gov’s office cites complex questions from reporters, busy schedule as defense in lawsuit

Testimony in the trial between the Santa Fe Reporter and the office of Gov. Susana Martinez ended Friday afternoon. Lawyers on both sides will file closing arguments in writing three weeks after the official court transcript is available. The Santa Fe Reporter filed the suit in 2013 arguing Martinez’s the governor’s office violated state public records laws and actively discriminated against the paper after it published unflattering coverage of the governor. During the three-day bench trial, testimony from former and current Martinez staffers offered a rare glimpse into how the governor’s staff handles media inquires and how they prioritize her agenda and her messages to the public. Throughout the trial, the governor’s contract lawyer Paul Kennedy tried to paint the picture of a busy governor’s office with overworked staff and not enough resources to adequately comply with state law and respond to every media request.

Judge stops, for now, some of state’s reasons for denying wage theft claims

A judge temporarily halted a New Mexico state agency’s self-imposed limitations on wage theft claims.

In a ruling Tuesday afternoon, Santa Fe District Judge David Thomson ordered that, for now, the state Department of Workforce Solutions (DWS) cannot automatically deny complaints of wage theft that total more than $10,000. The state department is also not allowed to automatically turn down claims that happened more than a year before they’re made. “Wage theft” refers to an employer denying payments owed to an employee in any way, which can include paying below minimum wage and refusing to pay overtime, for example. Thomson’s temporary restraining order against the state comes because of a class-action lawsuit filed just two weeks ago by “low income workers” who made wage theft claims against their employers to DWS. Ten individuals named in the lawsuit allege that DWS’ handling of their wage theft claims violate multiple state laws.

Judge dismisses PARCC bid-rigging lawsuit

A Santa Fe district court judge threw out a challenge to a contract for a controversial standardized test. The Washington D.C.-based nonprofit American Institutes for Research challenged the state’s decision to award a lucrative testing contract to education conglomerate Pearson. The contract, worth an estimated $1 billion over eight years, included writing and administering the Partnership for Assessment of Readiness for College Careers’ (PARCC) flagship test. Although most associate the term with the test, PARCC is a consortium of 12 states and the District of Columbia that were tasked with developing a new standardized test that abides by the Common Core State Standards Initiative. The PARCC test is projected to reach up to 10 million students across the consortium over the length of the contract.

Next obstacle for Santolina: Court

While the Bernalillo County Commission recently approved three large measures advancing the Santolina planned development, opponents aren’t giving up. Currently two lawsuits sit before the Second Judicial District Court seeking to reverse the decisions made by the commission on May and June. The most recent suit—filed at the end of June on behalf of three individuals, the SouthWest Organizing Project, the New Mexico Health Equity Working Group and the Pajarito Village Association—challenges the process in which commissioners approved zoning changes for Santolina. Santolina is proposed to be built on 22 square miles of land on Albuquerque’s West Side and house up to 90,000 within the next four to five decades. Specifically, the suit cites two pro-Santolina op-eds written in the Albuquerque Journal by commissioners Art De La Cruz and Wayne Johnson before they took several votes in favor of the development.

Lawsuit says Uber, Lyft drivers are employees

Even as a New Mexico court battle looms over regulations for ride-sharing services, a Boston-based lawyer is taking the two main ride-sharing companies to court over a separate issue in California. Earlier this week Business Insider reported that attorney Shannon Liss-Riordan filed suit against Uber and Lyft, the two largest ride sharing services. At issue is whether drivers for the two companies should be classified as employees or contractors. Currently, drivers work as independent contractors. In a phone interview with New Mexico Political Report, Liss-Riordan said her suit is different from the regulation battles in New Mexico and other states, but both issues relate to how the two companies do business.