At last Tuesday’s Bernalillo County Commission meeting, Commissioners Steven Michael Quezada and Walt Benson alleged they were not included in decisions regarding selecting a new county manager. These complaints reached the New Mexico Foundation for Open Government in the following days.
City Desk ABQ asked Melanie Majors, executive director of the Foundation for Open Government (FOG) about the process, and possible penalties, for those accused of violating the state’s Open Meetings Act. The state’s Department of Justice aka the state’s Attorney General’s Office is tasked with investigating the claims.
Read our previous coverage on the alleged Open Meetings Act violation here.
City Desk ABQ: What is the process after the complaints were made?
Melanie Majors: As far as the process, we have made the complaint, as well as others. The Open Meetings guidance states the following:
“If, after investigating charges that the Act has been violated, the Attorney General finds that the charges are valid and substantial, the Attorney General may initiate a criminal prosecution against each of those persons responsible for the violation. The public officers or employees charged may be held personally responsible for violations of the Act if it is shown that they intentionally acted in a manner that violated the Act. In addition to the members of the public body, other officials responsible for implementing the Act’s provisions may be found liable.”
What is the penalty if they are found to have violated the OMA?
“Any person violating any of the provisions of NMSA 1978, Section 10-15-1 or 10-15-2 is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than five hundred dollars ($500) for each offense.”
How often do you get these types of complaints?
Our hotline receives hundreds of complaints each year. There is currently an investigation going on in Las Cruces of a similar nature.
Earlier this month, one of the council members in the Village of Bosque Farms reached out as they had questions on how to proceed concerning a vacancy and we provided information.
In January, we filed a complaint with the AG concerning an OMA violation by the Eastern New Mexico University Board of Regents. The DOJ sent a letter to the ENMU Regents stating the regents violated the Open Meeting Act during their Jan. 17, 2024, meeting by taking a final action to approve a contract renewal for ENMU President/Chancellor James Johnston during a closed executive session. Action may only be taken in a public meeting.
What is the mission of FOG?
FOG’s mission is to advocate, educate and litigate on behalf of the public’s right to know. The Open Meetings Act is important to all New Mexicans as it requires that public business be conducted in full public view. It is the basic building block of open government. Public access is essential to our democracy.