NMDOJ Issues Letter in OMA Violation Claim

Rio Arriba County Manager and former Española School Board president Jeremy Maestas is accused of violating the Open Meetings Act and now the New Mexico Department of Justice intends to investigate the claims.

Current School Board Member Dale Salazar filed a complaint against the school board on Nov. 14, alleging that Maestas violated the Open Meetings Act. In his complaint, he alleged that the Española School Board violated OMA by: 

1. Failing to publish or post notice of a meeting in a place and manner accessible to the public;

2. Failing to make the meeting agenda available 72 hours prior to the meeting, and;

3. Discussing public business or taking action via a rolling quorum.

“On election day, several people voiced their concerns to me that Jeremy Maestas, Katrina Martinez and Brandon Bustos had been at the election polls off and on all day long,” Salazar said in a Nov. 23 SUN report. “That constitutes as a quorum when 3 of the school board members are together like that without filing a public notice to the general public and is a violation of the Open Meetings Act.”

Salazar said in the previous SUN report that he filed the complaint with the New Mexico Attorney General’s Office and submitted the complaint paperwork to the individuals named in the complaint during the Nov. 16 Española School Board meeting.

A copy of a letter was addressed to Maestas’ former EPS email address, from Assistant Attorney General Kristin E. Hovie and dated March 29, in response to that complaint. Salazar and Attorney David Dotson are copied on the letter.

“To facilitate our review, please respond to the allegations of the complaint,” the letter said. “Specifically, please (1) identify how, when and where notice of the subject meeting and agenda were posted (include a copy of the posting), (2) provide a copy of your operative OMA notice resolution, and (3) provide the draft and final minutes of the meeting.”

Maestas said in response to an email seeking comment that he has not yet received a letter from the New Mexico Department of Justice regarding “said allegations nor am I aware of any possible investigation.”

“I will say that the complaint that was initially presented to the board prior to my departure is completely misleading,” he wrote. “As a former school board member I was, and still am well versed and familiar with the requirements related to the New Mexico Open Meetings Act. In my opinion, it is truly unfortunate and disappointing that this complaint was filed in what appears to be a political tactic, and not due to any violations. It saddens me to see that all the focus on the hard work that was done towards helping to improve the quality of education our students receive, and supporting our students, staff, and families seems to have been lost. In this beautiful Country everyone has the right to exercise their right to vote, to campaign, and to support the candidate or cause of their choice. I am confident that this complaint will be closed and that it will be proven that in fact no laws were violated.”

Salazar did not respond to a request for comment on the letter.