CITY of ALBUQUERQUE
NINETEENTH COUNCIL
COUNCIL BILL NO.
R-10-29 ENACTMENT NO. ________________________
SPONSORED BY: Brad Winter, Dan Lewis
RESOLUTION
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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)
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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:
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