State ex rel. Harkleroad v. New Mexico State Police Bd.
| Decision Date | 22 August 1985 |
| Docket Number | No. 15720,15720 |
| Parties | STATE of New Mexico, ex rel. Jack HARKLEROAD, Petitioner-Appellee, v. NEW MEXICO STATE POLICE BOARD, New Mexico State Police Department, an Agency of the State of New Mexico, and Maurice Cordova, Chief of the New Mexico State Police Department, Respondents - |
| Court | New Mexico Supreme Court |
This appeal is from the judgment of the district court reversing a decision of the New Mexico State Police Board (Board). Jack Harkleroad (Harkleroad) was suspended by Maurice Cordova (Cordova), Chief of the New Mexico State Police Department (Department) for 30 days without pay from his job as State Police Lieutenant for violating N.M. State Police Dept. Rule 134.0 (Rev. December 15, 1982). Harkleroad appealed the suspension to the Board and a hearing was conducted on March 12, 1984. Upon review of the evidence presented at the hearing, the Board sustained Harkleroad's suspension. This matter was then brought before the district court on a writ of certiorari. The district court issued an alternative writ of certiorari and conducted a hearing on the matter. The district court reversed the Board's decision. The Board, Department, and Cordova appeal. We reverse the district court.
We discuss the following issues:
1. Whether the New Mexico State Police may constitutionally regulate certain partisan political activities of its employees, on or off duty; and
2. Whether there was substantial evidence in the whole record to support the Board's conclusion that Harkleroad was engaged in political activity proscribed by Rule 134.
The pertinent facts are as follows. Sometime between March and mid-July of 1983, Harkleroad approached Cordova and told Cordova he was thinking about running for the office of Governor. Harkleroad advised Cordova he would resign from the force on September 1, 1983. Cordova in turn informed Harkleroad about Rule 134 which prohibits state police employees from engaging in certain political activities.
Harkleroad did not resign from the force on September 1, 1983; nevertheless, he continued to engage in political activity. On September 1, 1983, Cordova, while present at a political function, heard Harkleroad being introduced as a candidate for the office of governor. Harkleroad acknowledged the introduction and did not deny his candidacy. In fact, at the hearing conducted by the Board, Harkleroad admitted speaking at many political gatherings. At these gatherings he would tell the audience he was an unannounced, unofficial candidate for the governor's office.
On September 6, 1983, Cordova sent Harkleroad a written notice apprising him of Rule 134, which states:
Employees are not permitted to seek contributions for or campaign for any political candidates. Nor will any employee be permitted to run for or accept political office while employed with the Department.
Harkleroad responded, claiming that Rule 134 was vague and overbroad.
On September 23, 1983, Cordova again met with Harkleroad and provided him with guidance, direction, and interpretation of Rule 134. In a letter dated September 27, 1983, he advised Harkleroad that he did not accept his contention that Rule 134 was too broad or vague. Cordova clearly and forcefully informed Harkleroad that Rule 134 applied to off-duty as well as on-duty political activity. He then ordered Harkleroad "to refrain from being a partisan candidate for an elective office while employed by his department".
Harkleroad disregarded Cordova's order and continued to pursue his political activity. Harkleroad had printed up and circulated cards and bumper stickers which stated "Jack Harkleroad, Governor (with "86" in a Zia sun symbol) paid for by the Committee to Elect Jack Harkleroad for Governor." Cordova also read an article in the Albuquerque Journal, October 9, 1983, A-2, which stated that Harkleroad was "already running" for the governor's office. Furthermore, on October 11, 1983, Cordova received information that Harkleroad had been campaigning at a campaign fundraiser in Taos the previous week, and that Harkleroad had been introduced to the people present as a candidate for governor. After Cordova verified the information, he suspended Harkleroad.
We first address the issue whether the State of New Mexico and New Mexico State Police may constitutionally regulate certain partisan political activities of its employees, on or off duty.
The proposition is well-established that a government may, consistent with the First Amendment and other provisions of the Federal Constitution, place restrictions upon the political activities of its employees, including a prohibition against running for political office.
In United States Civil Service Commission v. National Association of Letter Carriers, 413 U.S. 548, 556, 93 S.Ct. 2880, 2886, 37 L.Ed.2d 796, 804 (1973), the Supreme Court stated "that neither the First Amendment nor any other provision of the Constitution invalidates a law barring ... partisan political conduct by federal employees," including becoming a partisan candidate for, or campaigning for, an elective public office.
The following cases also held that a government's action in enacting legislation prohibiting its employees from running for public office does not in and of itself violate the First Amendment to the Federal Constitution: Broadrick v. Oklahoma, 413 U.S. 601, 93 S.Ct. 2908, 37 L.Ed.2d 830 (1973); and Otten v. Schicker, 655 F.2d 142 (8th Cir.1981); State ex rel. Gonzales v. Manzagol, 87 N.M. 230, 531 P.2d 1203 (1975).
Therefore the Board, which...
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