Opinion No. 73-22
February 21, 1973
TO: Honorable Robert Jordan State Representative State Capitol Building Santa Fe, New Mexico 87501
QUESTIONS
QUESTIONS
If House Bill 243 becomes law, would its provisions apply to home-rule municipalities?
CONCLUSION
Yes.
OPINION
{*38} ANALYSIS
House Bill 243 is an act prohibiting public employers from engaging in collective bargaining with public employee organizations. Section 3 of the Bill, the definition portion, defines "Public Employer" as "the state, county and municipal governments, acting through their agencies, departments, divisions, branches and bureaus; school districts, tax-supported hospitals and other political subdivisions."
"Public Employee" is defined as " any employee of a public employer except . . ." [the exceptions are not pertinent in answering your question].
Article X, Section 6, New Mexico Constitution, the Municipal Home Rule Amendment, provides in paragraph D that
"A municipality which adopts a charter may exercise all legislative powers and perform all functions not expressly denied by general law or charter. . . ." (emphasis added)
House Bill 243 does expressly deny to a municipality the authority to engage in collective bargaining with employee organizations, since it is specifically designated as a public employer. Accordingly, House Bill 243, if enacted, would apply to home-rule municipalities.
By: Oliver E. Payne
Deputy Attorney General