At her second meeting as a Truth or Consequences city commissioner, Frances Luna challenged City Manager Morris Madrid’s decision to close city offices due to an increase in state and local COVID-19 cases.
The city commission appointed Luna last month to fill Brendan Tolley’s seat, who resigned in late August.
By questioning Madrid’s authority, Luna was essentially questioning the city commission’s decision to give Madrid broad powers. In the “Declaration of Health Emergency Resolution,” passed March 24, the commission gave Madrid the authority to “conduct such emergency measures as may be appropriate.”
Luna waited until the “Back to Work” resolution came up on the agenda at the Oct. 28 meeting to bring up Madrid’s decision. This resolution conforms to the governor’s orders for opening and closing businesses, making it superfluous. Nevertheless, it has been put on every agenda since it was passed on May 27, with no action taken to amend it.
Luna said Madrid was “doing a good job” in managing the “day-to-day” operations, but he shouldn’t be the one who “makes the decision to close all city offices.”
None of her fellow commissioners said a word, evidently content with Madrid having that authority. Perhaps due to the lack of verbal support, Luna didn’t make a motion to amend the Back to Work resolution, giving the city commission the power to close city offices. She didn’t suggest revisiting Madrid’s powers granted in the health emergency resolution either.
Luna said “It’s premature, closing our offices to the public because of one case [of a city employee testing positive] and I never heard from City Manager Madrid who or what department or when that was.”
Luna noted that the state does not contemplate closing government offices. “Government offices are not on the New Mexico Environment Department’s rapid response list,” she said.
“We are an essential business,” Luna said, meaning one which can’t be closed.
The NMED only lists non-essential businesses, which can be closed, in its “rapid response” watch list and closure list.
“We are a government entity. We need to be open,” Luna said. “Make sure we wear masks, but we need to be open for business. I have serious concerns regarding this.”
Madrid said the single city employee case was “not at work, it was separate, a private case that was already reported privately.”
“Other employees appeared to be symptomatic, but they all tested negative,” Madrid said.
“We closed the offices to be preventative, not reactive to the number of cases,” Madrid said. “We are a small crew. With a major infection, we may not be able to operate some offices.”
Madrid also pointed out that all services were still being carried out and are “accessible in a different way.”
For example, utility bills can be paid in your car at the curb or at the drive-in window at the utility office, Madrid said.
The library was the last office to close on Oct. 26, after other offices had closed on Oct. 23. It, too, is offering curbside service, the city’s Facebook page announced.
Mayor Pro Tem Amanda Forrister asked Madrid: “When will the city be back to conducting business as usual?”
“It depends on Sierra County’s numbers. We look at them week to week,” Madrid said.
Forrister also asked why the Back to Work resolution is on the city commission agendas “when we never do anything with it.”
“It could be removed from the recurring agenda,” Madrid said.
The city commission voted unanimously to remove the resolution.
Instead of supporting Luna and possibly effecting a change during the open meeting, Commissioner Paul Baca waited until after the meeting closed to tell her, “I agree with you, city offices should remain open.”
According to the New Mexico Department of Health website, the number of cases in Sierra County jumped from 67 to 104 between Oct. 13 and Oct. 26.
It is now labeled a “red” county, the third and highest rating for positive-test COVID-19 cases. The red rating means the county had a daily average of 8 cases or more, with a “test positivity” rate averaging 5 percent or more, during the latest two-week reporting period. NMDOH will update the two-week average on Nov. 11.
Sierra County’s cumulative number of positive-test cases was 116 on Oct. 29.