Chavez v. City of Albuquerque

HARTZ, Chief Judge,

specially concurring in part and dissenting in part.

31. I concur in the result except that I would bar Plaintiffs claim that the hearing officer’s appointment violated the Open Meetings Act.

32. I agree with the majority that Plaintiffs breach-of-contraet claim is barred by the proceeding before the City’s personnel board. The legislature has authorized municipalities to enact merit system ordinances establishing grievance proceedings as the exclusive means for a municipal employee to claim that a job termination violated the employee’s contractual rights under the…