City of Albuquerque
File #: R-10-29   
Type: Resolution Status: Sustained
File created: 1/20/2010 In control: City Council
Final action: 3/15/2010
Enactment date: Enactment #:
Title: Directing The Administration To Investigate And Take All Necessary And Legal Action, Including The Filing Of A Declaratory Judgment Proceeding To Ascertain The Legality And Enforceability Of The Perlman Memorandum And Administrative Instruction No. 7-46 And To Develop Ordinance Amendments That Preclude Any Practice That Permits Unclassified Employees To Be Compensated For Work Not Performed On Behalf Of The City Of Albuquerque (Winter, Lewis)
Sponsors: Brad Winter, Dan Lewis
Attachments: 1. R-29.pdf, 2. R-29final.pdf
Date Action ByActionResultAction Details
3/15/2010 City Council Sustained  Action details
3/15/2010 City Council OverrideFail Action details
3/9/2010 Mayor Vetoed  Action details
3/9/2010 City Council Sent to Mayor for Signature  Action details
3/1/2010 City Council MotionPass Action details
3/1/2010 City Council Do PassPass Action details
3/1/2010 City Council AmendedFail Action details
3/1/2010 City Council TabledPass Action details
3/1/2010 City Council AmendedFail Action details
2/17/2010 City Council Accepted Without Recommendation  Action details
2/8/2010 Finance & Government Operations Committee Sent to Council Without RecommendationPass Action details
1/20/2010 City Council Introduced and Referred  Action details
1/20/2010 President Referred  Action details
CITY of ALBUQUERQUE
NINETEENTH COUNCIL


COUNCIL BILL NO. R-10-29 ENACTMENT NO. ________________________

SPONSORED BY: Brad Winter, Dan Lewis


RESOLUTION
t
Directing The Administration To Investigate And Take All Necessary And Legal Action, Including The Filing Of A Declaratory Judgment Proceeding To Ascertain The Legality And Enforceability Of The Perlman Memorandum And Administrative Instruction No. 7-46 And To Develop Ordinance Amendments That Preclude Any Practice That Permits Unclassified Employees To Be Compensated For Work Not Performed On Behalf Of The City Of Albuquerque (Winter, Lewis)
b
DIRECTING THE ADMINISTRATION TO INVESTIGATE AND TAKE ALL NECESSARY AND LEGAL ACTION, INCLUDING THE FILING OF A DECLARATORY JUDGMENT PROCEEDING TO ASCERTAIN THE LEGALITY AND ENFORCEABILITY OF THE PERLMAN MEMORANDUM AND ADMINISTRATIVE INSTRUCTION NO. 7-46 AND TO DEVELOP ORDINANCE AMENDMENTS THAT PRECLUDE ANY PRACTICE THAT PERMITS UNCLASSIFIED EMPLOYEES TO BE COMPENSATED FOR WORK NOT PERFORMED ON BEHALF OF THE CITY OF ALBUQUERQUE.
WHEREAS, on December 7, 2006 CAO Dr. Bruce J. Perlman issued an Interoffice Memorandum to the City's Chief Operating Officer (“Perlman Memorandum”). The Perlman Memorandum provided in relevant part that if the Chief Operating Officer (the “COO” or “Mr. Adams”) returned to classified employment with the City: “your grade will be M-20 or the equivalent and your rate of pay will be maintained along with raises for the class until retirement”; and
WHEREAS, rather than wait until the decision of the COO to return to classified service, Mr. Perlman made the determination of what was an “appropriate” salary three years before that decision; and
WHEREAS, the legal justification allegedly supporting the Perlman Memorandum was an Administrative Instruction also issued by Dr. Perlman two months earlier on October 1, 2006; and
WHEREAS, this Administrative Instruction (AI No. 7-46) provides, in part:
When an u...

Click here for full text