AG Office: No OMA Violations In Reserve

By John Severance

The Village of Reserve did not commit any violations of the Open Meetings Act, according to a ruling from the State Attorney General’s Office that was dated on June 29.
Robert Caylor of Reserve had sent a letter to the AG office, alleging the Village had violated the OMA on two agenda items during a Feb. 16 meeting.
One of the complaints involved going into executive session.
Agenda Item III (A) was listed as “New Business – Review Grant Coordinator Contract). The minutes state that Mayor Connie Wehrheim “motioned to move this item in closed session,” but there was a counter motion. The minutes said that Council member (Richard) Torres motioned to table this item and the motion passed. Therefore, assistant attorney general Zach Shandler wrote that the Board did not go into executive session on this item and this part of the complaint is moot.
Agenda Item XI was listed as “Closed Session Pursuant to the Open Meetings Act, NMSA 1978, Chapter 10, Article 15, Section 1 (H)(@) limited personnel issues, discussion of hiring, promotion, demotion, dismissal, assignment or resignation Mayor and council to consider ending probationary period and retention for one employee.
The Agenda stated that there was a narrative description of the proposed type of personnel action for the executive session.
The minutes stated, “Mayor Wehrheim called for a motion to close as stated above. Council member (Keith) Riddle stated the council was merely trying to evaluate an individual’s performance so that his employment could be continued not on a probationary period.
Caylor said he believed that the individual employees’ name must be listed and Riddle motioned to go into closed session and the motion passed. When the Board returned to open session, Wehrheim attested that “only the subject stated” in the motion was dicussed in executive session.”
The AG office concluded that the motion to go into executive session contained the required specifity for the legal authority and for the subject to be discussed and thus the board complied with the OMA and the Board provided a proper assertation for the record when it returned to open session.”
Caylor fired off a letter to the Attorney General’s office, voicing his displeasure with the findings.
In the letter to assistant attorney general Zach Shandler, Caylor concluded his letter by saying, “It is no wonder the State of New Mexico is the most corrupt State in the United States of America when its own Attorney General condones the illegal activities of the Municipalities and encourages them to go ahead with whatever they choose to do. Let’s get rid of the OMA, voting laws, nepotism laws and say “do as you wish, we will cover our eyes” and continue to do nothing for the people of the State of New Mexico from the Attorney General’s Office.”
Before the AG response on this complaint, Caylor had sent another letter, alleging other violations of the OMA by the Village Board.
Caylor also is contesting the March election in which he lost by one vote to sit on the Village of Reserve trustee board. He filed suit against Riddle.
A hearing is scheduled for July 21 at 11 a.m. at the Catron County Courthouse, but Caylor said his attorney will be out of the state on that date and he needs to reschedule.

AG Office: No OMA Violations In Reserve