Santa Fe, NM - In response to a complaint filed by former New Mexico Interstate Stream Commission (ISC) Director Norm Gaume, the New Mexico Attorney General (NM AG) determined that the New Mexico Central Arizona Project Entity (NM CAPE) violated the New Mexico Open Meetings Act (OMA). In a July 12, 2016 letter sent to NM CAPE attorney Pete Domenici, Jr., Assistant Attorney General Dylan Lange concludes that the NM CAPE violated the OMA during meetings it held on January 14 and March 1, 2016.

Lange stated, Gǣ...we conclude that the NM CAP Entity violated OMA when it improperly discussed matters in closed session that were not covered by an exception from OMA's requirements for open, public meetings.Gǥ

Specifically, the NM CAPE held closed sessions during otherwise open meetings to discuss a contract negotiation process involving an ISC request for proposals for an engineering services contract. The contract relates to design work relevant to the proposed New Mexico Unit of the Central Arizona Project (NM Unit) pursuant to the 2004 Arizona Water Settlement Act (AWSA).

Although the exemption to the OMA claimed by the NM CAPE was discussion of "the contract negotiation process regarding competitive sealed proposals for engineering design," the NM AG properly found that the OMA only allows closed sessions regarding "the contents of competitive sealed proposals."

GǣThe NM CAP Entity and other public bodies subject to OMA may conduct business in private only for the narrow purposes set forth in OMA. Because the NM CAP Entity discussed matters in closed session that were not excluded from OMA's requirement for open, public meetings, we determine that the January 14 and March 1 meetings were unlawfully closed,Gǥ stated Lange.

Because Gǣaction taken by a public body at a meeting that violates OMA is invalid and without effect,Gǥ the NM CAPE has 30 days to correct the violations, report back to the Attorney General, and avoid further legal proceedings.

Former ISC Director Norm Gaume explained, GǣThe NM CAP Entity was really deciding the location, configuration, and cost of the Gila River diversion and storage project. That violated the law, which requires these discussions take place in public. Secrecy has been the pattern and practice of the Interstate Stream Commission and the NM CAPE. I hope the Attorney General's determination will cause that illegal secrecy to stop.Gǥ

"As the NM AG found, the NM CAPE needs to clean up its act and follow the OMA. Citizens have a legal right to public access to its proceedings. The Entity's decisions related to a Gila River diversion could saddle taxpayers and water users with hundreds of millions of dollars in construction costs and harm New Mexico's last wild river," stated Gila Conservation Coalition executive director Allyson Siwik.

Attachment: July 12, 2016 Letter from Assistant Attorney General Dylan Lange to Pete Domenici Jr., counsel to NM CAP Entity

{pdf}mypdfs/July_12,_2016_Open_Meetings_Act_determination_against_NM_Central_Arizona_Project_Entity.pdf{/pdf}

 

Content on the Beat

WARNING: All articles and photos with a byline or photo credit are copyrighted to the author or photographer. You may not use any information found within the articles without asking permission AND giving attribution to the source. Photos can be requested and may incur a nominal fee for use personally or commercially.

Disclaimer: If you find errors in articles not written by the Beat team but sent to us from other content providers, please contact the writer, not the Beat. For example, obituaries are always provided by the funeral home or a family member. We can fix errors, but please give details on where the error is so we can find it. News releases from government and non-profit entities are posted generally without change, except for legal notices, which incur a small charge.

NOTE: If an article does not have a byline, it was written by someone not affiliated with the Beat and then sent to the Beat for posting.

Images: We have received complaints about large images blocking parts of other articles. If you encounter this problem, click on the title of the article you want to read and it will take you to that article's page, which shows only that article without any intruders. 

New Columnists: The Beat continues to bring you new columnists. And check out the old faithfuls who continue to provide content.

Newsletter: If you opt in to the Join GCB Three Times Weekly Updates option above this to the right, you will be subscribed to email notifications with links to recently posted articles.

Submitting to the Beat

Those new to providing news releases to the Beat are asked to please check out submission guidelines at https://www.grantcountybeat.com/about/submissions. They are for your information to make life easier on the readers, as well as for the editor.

Advertising: Don't forget to tell advertisers that you saw their ads on the Beat.

Classifieds: We have changed Classifieds to a simpler option. Check periodically to see if any new ones have popped up. Send your information to editor@grantcountybeat.com and we will post it as soon as we can. Instructions and prices are on the page.

Editor's Notes

It has come to this editor's attention that people are sending information to the Grant County Beat Facebook page. Please be aware that the editor does not regularly monitor the page. If you have items you want to send to the editor, please send them to editor@grantcountybeat.com. Thanks!

Here for YOU: Consider the Beat your DAILY newspaper for up-to-date information about Grant County. It's at your fingertips! One Click to Local News. Thanks for your support for and your readership of Grant County's online news source—www.grantcountybeat.com

Feel free to notify editor@grantcountybeat.com if you notice any technical problems on the site. Your convenience is my desire for the Beat.  The Beat totally appreciates its readers and subscribers!  

Compliance: Because you are an esteemed member of The Grant County Beat readership, be assured that we at the Beat continue to do everything we can to be in full compliance with GDPR and pertinent US law, so that the information you have chosen to give to us cannot be compromised.