New Mexico watchdog group asks DOJ to investigate Bernalillo County Commission
Apr. 12—A government watchdog group is asking the New Mexico Department of Justice to investigate claims that the Bernalillo County Commission violated the Open Meetings Act.
The nonprofit Foundation for Open Government has received several calls on its public hotline about a possible violation, according to a news release issued Thursday.
The alleged violation was a rolling quorum. According to the New Mexico Opens Meeting Act compliance guide, a rolling quorum is when the majority of a board — like three members of a five-member board — discuss public business in a series of phone calls or email conversations.
The complaints were about the commission's resolution determining a hiring process for a new county manager, which passed on a 3-1 vote Tuesday night. The callers believed that Commission Chair Barbara Baca and Commissioners Adriann Barboa and Eric Olivas decided on a plan for the hiring process before the resolution was considered in the public meeting, according to the release.
During Tuesday's meeting, Commissioner Walt Benson also suggested that all three selected the members of the search committee outlined in the resolution. The search committee would bring five final applicants to the commission, which would select the new county manager.
"We only have three commissioners making the decision on who does that vetting. OK, so then they bring five in front of us and then I finally have a say, after the vetting committee that the three of you have chosen with giving zero voice to me. ... How would you feel? How would your constituents feel?" Benson said.
"The purpose of the vetting and of the local committee is to have assistance from people who are in a position to recommend to us," Baca responded.
During the meeting, Benson said that he found out there was a proposed search committee when one of his constituents called to tell him that Olivas had asked them to serve on it.
Baca said that she sent the resolution out a week ago, and the county attorney asked for comments and suggestions on it.
The hiring process for a new county manager to replace retiring County Manager Julie Morgas Baca has been a point of contention for the commission, with three different resolutions proposed to create a hiring process.
Baca and Olivas did not immediately respond to requests for comment Thursday.
"It is important to remain focused on the facts and allow the investigative process to run its course," Barboa said via email. "I trust that the authorities will conduct a thorough and fair inquiry. While this process unfolds, I am unwavering in my commitment to embodying transparency and accountability in my role as County Commissioner in District 3."
Steven Michael Quezada and Benson are in support of FOG's appeal, according to a news release issued Thursday.
"(Baca, Olivas and Barboas') actions continue to raise questions that the search process for the new county manager is rigged," Quezada said in a statement. "I continue to be more and more disappointed by their actions."
"Transparency and accountability are the bedrock of effective governance. I commend the New Mexico Foundation for Open Government for its tireless dedication to upholding these principles and ensuring that the public interest remains paramount," said Benson in a statement.
