Jim Palenick While Dallas City Manager Jim Palenick continues to make a living here, litigation between him and his former employer has wound its way to the highest court in New Mexico. The 4-year-old suit concerns Palenick's assertion that he is owed more than $120,000 in back pay from Rio Rancho, N.M. He was the city manager there from July 2003 until he was fired in December 2006. The New Mexico Supreme Court heard 30 minutes of oral arguments from either side in the case last week. Several months will likely pass before it renders a decision. "It's really nothing different," Palenick said when asked about the proceedings Friday. "It's just the continuing process of the case moving forward." The lawsuit involves allegations that Rio Rancho leaders violated the state's open meetings law when they terminated Palenick. His firing prompted the New Mexico attorney general to review how it occurred. In September 2007, eight months after the termination, the attorney general determined that Rio Rancho's former mayor and several City Council members held private conversations about Palenick prior to firing him. The attorney general rendered the firing invalid. Rio Rancho responded by voting again to terminate Palenick in November 2007 - 11 months after the initial action. But Palenick didn't let the issue die. Bolstered by the attorney general's ruling, he filed his lawsuit in 2008, demanding more than $120,000 in back pay for the 11 months that he was theoretically still employed - but not paid - by Rio Rancho. Palenick moved from New Mexico when he was hired as city manager of Gastonia in August 2007. He held that post for more than four years until a newly elected City Council fired him in December 2011. Former Dallas City Manager Ed Munn was then hired to replace Palenick, and Palenick took Munn's place in Dallas. Since the lawsuit was filed, Rio Rancho has claimed that Palenick waived his claim to back pay when he demanded and received a $110,000 severance package and took the Gastonia job. A District Court initially ruled in the city's favor, but an appeals court overturned that ruling, giving Palenick a victory. Rio Rancho is asking the Supreme Court to reverse that decision. An attorney for the New Mexico Foundation for Open Government argued in Palenick's favor before the Supreme Court. Palenick did not attend the hearing and said he has no way of knowing how the case might end up. "There's really no way to tell," he said. "You don't get feedback." The decision that comes down the pike in a few months will likely resolve the debate, Palenick said. "I'd assume this will be the end," he said.

James M. Palenick

Jim Palenick, Rio Rancho's city administrator, comes up with 70,000 for his city. Palenick uses a 2004 census figure, adds building permits, and figures for 2.7 people per household. Palenick acknowledges it's not an exact science. "But if they believe it's 66,500 and we believe it's 70,000, there's enough of a difference there that we have likely passed their population," Palenick said. Palenick said the growing numbers could help Rio Rancho's voice grow louder in the Roundhouse as legislators look to dole out state money. "It's all just numbers," Palenick said."We'll be second in seven to 10 years," Palenick said.