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AMERICAN FEDERATION OF STATE v. MARTINEZ

No. 32,905.

257 P.3d 952 (2011)

2011-NMSC-018

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, et al., Petitioners, v. Hon. Susana MARTINEZ, Governor of the State of New Mexico, Respondent, and State of New Mexico, Real Party in Interest.

Supreme Court of New Mexico.

May 13, 2011.

Attorney(s) appearing for the Case

Youtz & Valdez, P.C., Shane Youtz , Albuquerque, NM, for Petitioners.

Jessica Hernandez , Jennifer L. Padgett , Matthew J. Stackpole , Santa Fe, NM, for Respondent.

OPINION

CHAVEZ, Justice.

{1} May the Governor use the broad removal authority under Article V, Section 5 of the New Mexico Constitution to remove members of the Public Employee Labor Relations Board (PELRB) who have the responsibility to adjudicate the merits of disputes involving the Governor? We answer this question of first impression in the negative for three reasons. First, none of the PELRB members serve at the pleasure of the Governor...

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