Judge hints he's open to revisiting sick leave ruling - Albuquerque Journal

Judge hints he’s open to revisiting sick leave ruling

Copyright © 2017 Albuquerque Journal

State District Judge Alan Malott hinted Wednesday that he may be open to revisiting his earlier ruling that the entire text of Albuquerque’s proposed sick leave ordinance must appear on the Oct. 3 ballot if the city can’t do it in a legible font.

“In this particular circumstance, I have some concerns about practicality, which often is not addressed in the law,” he said.

Malott has already ruled that the city must print the entire seven-page ordinance – and not a summary – on the ballot. But backers of the proposed Healthy Workforce Ordinance argue that the only way the city can do that is to print it in a font that is so small that it would be difficult to read. They want the city to include a summary on the ballot and to make the entire ordinance available in voting booths.

Healthy Workforce ABQ, the OLÉ Education Fund and three other plaintiffs had asked the state Court of Appeals to intervene in the case before the lawsuit was resolved. The appellate court refused.

During Wednesday’s hearing, Christopher Tebo, an attorney representing the city, argued, in part, that the font size of the ballot question is irrelevant because the court had already ruled that the entire ordinance must appear on the ballot.

Malott disagreed, saying he still has the authority to ensure that his ruling is properly carried out.

“Given the action or inaction of the appellate courts, the ruling is full text,” Malott said. “My issues now are, will the full text fit? And if it fits, will it be legible? Those are what I’m concerned with at this point.”

The Healthy Workforce Ordinance would require Albuquerque employers to provide paid sick time off to workers. If voters approve it, the ordinance will apply to full-time, part-time and temporary workers at any business with a physical presence in Albuquerque.

Opponents of the ordinance argue that it would hurt businesses because of higher costs and record-keeping requirements. Supporters argue that the ordinance would ensure that workers don’t have to choose between their paychecks and caring for themselves or a loved one.

Malott said the plaintiffs in the case have a right to delve into the city’s representation that it can fit the entire ordinance onto the Oct. 3 ballot. He ordered the city to produce its draft ballot and to make City Clerk Natalie Howard available for questioning by plaintiffs’ attorneys.

Home » News » Albuquerque News » Judge hints he’s open to revisiting sick leave ruling

Insert Question Legislature form in Legis only stories

Albuquerque Journal and its reporters are committed to telling the stories of our community.

• Do you have a question you want someone to try to answer for you? Do you have a bright spot you want to share?
   We want to hear from you. Please email yourstory@abqjournal.com

taboola desktop

ABQjournal can get you answers in all pages


Questions about the Legislature?
Albuquerque Journal can get you answers
Email addresses are used solely for verification and to speed the verification process for repeat questioners.
Land commissioner bans new oil, gas leases near NM ...
ABQnews Seeker
The land commissioner signed an order ... The land commissioner signed an order banning new oil and gas leases on state land near schools, touching off debate over the industry’s big ...
Raising Cane's to open second Albuquerque location. Fans can ...
ABQnews Seeker
The second location, at 2004 Wyoming ... The second location, at 2004 Wyoming Blvd., will celebrate its grand opening with giveaways, performances and more on June 6.
Revised DACA program again debated before Texas judge who ...
ABQnews Seeker
HOUSTON (AP) -- A federal judge ... HOUSTON (AP) -- A federal judge did not make an immediate decision Thursday on the fate of a revised version of a federal policy ...
When will educational assistants and other school employees see ...
ABQnews Seeker
EAs deserve more than a minimum ... EAs deserve more than a minimum salary of $12,000 per year, many seemed to think during this legislative session. But when will they start ...
Albuquerque man charged with intentionally running over bicyclist
ABQnews Seeker
A man is accused of fatally ... A man is accused of fatally running over another man during an argument last month at a park in Northwest Albuquerque.
10 all-day breakfast burrito places in Albuquerque
ABQnews Seeker
Which restaurant has the best breakfast ... Which restaurant has the best breakfast burrito is up for debate, but here's a list of 10 burrito spots around town worth adding to ...
Albuquerque police ID 3 recent homicide victims
ABQnews Seeker
The Albuquerque Police Department released the ... The Albuquerque Police Department released the names of three men fatally shot in separate incidents over the past two weeks.
It's here: Tesla opens second New Mexico location
ABQnews Seeker
The Tesla facility, which sits just ... The Tesla facility, which sits just northwest of the Santa Ana Star Casino, is the second in New Mexico. In 2021, the electric vehicle ...
Vanessa Patricks to host events featuring drag stars Kerry ...
ABQnews Seeker
At 9 p.m. Friday, June 2, ... At 9 p.m. Friday, June 2, Vanessa Patricks will host the Lobo Theater Pride Kickoff with Kerri Colby from "RuPaul's Drag Race."