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Mayor Vetoes Measure to Not Seek Legal Fees

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Mayor Richard J. Berry has vetoed R-14-20 "Urging The Administration to Not Pursue Attorney's Fees In the Case Of Baca V. Berry."

In a Feb. 17, 2014, letter to City Council President Ken Sanchez, Mayor Berry exercised his veto authority to R-14-20, "Establishing Priorities For The 2015 Capital Improvements Plan; Defining the Criteria; Allocating Amounts For Different Purposes Within the 2015 General Obligation Bond Program." The Albuquerque City Council approved the measure Feb. 3, 2014, on a 5-3 vote.

Message from the Mayor

From Mayor Berry's letter to Councilor Sanchez:

"I hereby veto R-14-20, which passed at the City Council meeting of February 3, 2014 by a vote of 5 For and 3 Against.

"As you are aware, the United States District Court permanently dismissed the Plaintiffs’ lawsuit because Plaintiffs did not follow the Court's orders and continued with their lawsuit even though it had no merit. In addition, the Plaintiffs failed to back up their allegations that the City's redistricting plan was unconstitutional with any evidence.

"This lawsuit has cost city taxpayers $101,550 in attorneys' fees to defend. Ultimately, it will be up to the United States District Court to determine if the Plaintiffs’ lawsuit was frivolous and whether sanctions against the Plaintiffs and their attorneys are appropriate for wasting taxpayer resources and abusing the court system.

"I think we can all agree that if the United States District Court finds this to be a frivolous lawsuit, taxpayers should not have to foot the bill."

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