Despite allegations that she is breaking city rules, state Rep. Emily Kane is trying to hold down her second job as an Albuquerque firefighter.
Republican Mayor Richard Berry's administration is appealing a 2012 court ruling that found Kane, a fire captain and a Democrat, was not violating city rules by holding public office.
The New Mexico Court of Appeals panel will hear arguments in the case Jan. 28, a week after Kane begins the legislative session.
City officials say Kane flouted policies that prohibit municipal employees from running for office.
Lawyers for Kane, 57, say a state law permitting public-safety workers to seek office trumps city restrictions.
Kane initially sued when officials said she would be disciplined if she ran for the Legislature.
Information from: The Santa Fe New Mexican, http://www.sfnewmexican.com
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