AG. Shendo – Sandoval County Right to Work Ordinance 1.18.18
Link above to AG’s opinion
NEW MEXICO SENATOR BENNY SHENDO
FOR IMMEDIATE RELEASE
CONTACT: Sen. Shendo at 505-986-4882
January 18, 2018
NM Senator Benny Shendo Says Sandoval County Commissioners Should Heed AG’s New Opinion That Proposed “Right to Work” Ordinance Would Be Illegal & Put Public Safety At Serious Risk
(Santa Fe, NM) – New Mexico state Senator Benny Shendo (D-22-Bernalillo, McKinley, Rio Arriba, San Juan & Sandoval) today urged Sandoval County Commissioners to reject a proposed ordinance to institute “right to work” (RTW) at the county level, following the release of an Attorney General’s advisory opinion. Hector Balderas, New Mexico Attorney General, wrote in a January 18th opinion that the proposed Sandoval County ordinance would likely be illegal, create confusion in local and state government procurement, and seriously harm local law enforcement’s crime-fighting capacity. The Sandoval Commissioners intend to consider a ‘right to work” ordinance today.

“Anything that weakens local law enforcement’s ability to deter home burglary, auto theft, assault, drug-dealing and other crimes that put our community in danger should give serious pause to the county commissioners. Also the Attorney General makes clear that any “right to work” measure passed in Sandoval County would be preempted by federal law, and would be found invalid in a challenge in court. Even more concerning, local crime-fighting efforts would be overwhelmed by the ordinance’s requirements. The Sheriff’s office and its staff would be forced to investigate any possible or alleged ‘right to work’ violations in area workplaces, squandering their limited resources in this way, instead of pursuing criminals in our community and protecting our families, schools and small businesses. We must not mandate our law enforcement to take their eye off the ball,” said Senator Shendo.
Attorney General Balderas wrote in advisory opinion, released this morning and requested earlier by Senator Shendo, that:
“(W)e conclude that the proposed ordinance, if adopted, would involve the exercise of powers beyond the scope of those granted by the legislature to non-Home Rule entities… and would create serious concerns about the uniformity in the law… and if challenged in court, would likely be found invalid and unenforceable…”
Balderas also wrote that “the proposed RTW ordinance… could divert law enforcement and prosecutorial resources away from other important matters to the enforcement of (RTW) provisions” that are legally unenforceable.
“Governor Martinez said in her state of the state address just this week that ‘we must make New Mexico a safer place for families and the worst place in America to be a criminal’. I urge Sandoval County’s commissioners to heed this admonition, and reject the right to work ordinance,” added Shendo.
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