Judge Strikes ABQ Prohibition on Candidates

The city of Albuquerque’s prohibition on employees running for office is unconstitutional, according to a ruling by state District Judge Beatrice Brickhouse.

She granted an injunction Friday to block City Hall from taking disciplinary action against Emily Kane, a firefighter running for a state House seat.

A provision in the City Charter approved by Albuquerque voters in 1989 prohibits city employees from holding a state office, and city personnel rules say employees can’t even be a candidate. Brickhouse ruled both are unconstitutional.

Michael Cadigan, a former city councilor who served as Kane’s attorney, said it was the right decision.

“The city has no business” telling the public who can or can’t run for office, Cadigan said.

City Attorney David Tourek said the city respects Brickhouse’s decision but hasn’t decided whether to appeal.

“We wanted to make sure city employees were focusing on their jobs with the city and not with jobs they may have with the Legislature,” Tourek said.

Kane, a captain, has worked for the Albuquerque Fire Department for nearly 20 years. She won the Democratic primary in state House District 15 and faces Republican Christopher Saucedo in the fall.