Otero repeals right-to-work ordinance on a 2-1 vote

Lawmakers passed a bill forbidding such local legislation

The Otero County Commission repealed a right-to-work ordinance at its regular meeting last week, citing its failure to comply with current state statute since House Bill 85 was passed during the 2019 New Mexico Legislative session.

“There were about 10 or so counties that passed (right-to-work) ordinances last year and the legislature this year adopted a bill… that forbids local governments from adopting or enforcing such ordinances,” Otero County Attorney Michael Eshleman said.

In 2018, Lincoln, Sandoval, Chaves, Eddy, Lea, Roosevelt, San Juan, Sierra and McKinley counties and the Village of Ruidoso enacted right-to-work ordinances.

County leaders said HB 85 renders Otero County’s ordinance unenforceable, and may leave the county open to lawsuits.

“I put this on the agenda asking to consider repealing it because I’m someone that believes that we should take obsolete stuff off the statute books,” Eshleman said.

Otero County Commissioner Lori Bies and Commission Vice-Chairman Gerald Matherly agreed.

“I do agree with what Michael (Eshleman) has said and we can state for the record that this is done out of protest. We’re not happy with this decision but due to the current administration at the state, this is something that can be revisited later on if we have a change in leadership,” Bies said.

The ordinance may be reintroduced should the state Legislature decide to allow municipalities and county governments to enforce such ordinances.

The ordinance to repeal the County’s right-to-work ordinance passed by a 2 to 1 vote with Otero County Commission Chairman Couy Griffin sole dissenting vote.

“We’re not spending money on it (in lawsuits) now but if we were to get to that point where we got threatened, then I would say I would be more in favor of removing it but… I would rather leave it on the books,” Griffin said.