Immediately after Bernalillo County commissioners decided not to put a proposed paid sick leave initiative on the November ballot, supporters of the proposal responded.
Attorneys from the New Mexico Center on Law and Poverty filed a complaint in New Mexico's Second Judicial District Court Thursday evening, asking the court to issue an emergency order that a summary of the proposal be placed on the November ballot.
Bernalillo County Commissioners made their decision Thursday after that Albuquerque's city attorney told county staff that in her legal opinion, the entire text of the proposal, not just a summary, would need to be on the ballot.
"The law says that the summary should go on the ballot this November," saidTim Davis, an attorney with the New Mexico Center on Law and Poverty, in a phone interview.
The supporters of the paid sick leave initiative, called Healthy Workforce ABQ, got 25,000 petition signatures.
The Albuquerque City Council requested that Bernalillo County, which handles the creation and printing of ballots, put the proposal on the November ballot. But Bernalillo County's commission said printing additional pages, especially so late, would cost money in printing and overtime that the county couldn't absorb. Bernalillo County Clerk's office officials could not immediately be reached for comment Friday.
Attorneys for Healthy Workforce ABQ said in a press release Friday placing a summary on the ballot is legal, as determined during a 1972 case in the New Mexico Supreme Court. Davis said the city has routinely used summaries, such as with the Albuquerque minimum wage initiative, which was on the ballot in 2012.
"I can just tell you that we’re confident the law is on our side here," Davis said.
Davis said Friday afternoon there's no indication when the case will get in front of a judge.
Supporters have said paid sick leave would create a healthier workforce and a better local economy. Opponents said many employers already offer paid sick leave in the form of paid time off, and the proposal would be too costly to enforce.
"We are very hopeful that a judge will see this our way and support the fact that the public needs maximum transparency on this issues, especially an issue that effects small business in such a negative way," said Terri Cole, president and CEO of the Greater Albuquerque Chamber of Commerce, which has spoken out against the paid sick leave initiative.
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