Atwell said he couldn’t reveal the subject of the threatened litigation, but he did clarify it does not involve Open-Meetings-Act violations, which he had mentioned in a prior meeting.
Atwell recused himself when a vote came up on hiring special council to represent the other council members at the Sept. 10 special meeting. The Council approved hiring Holt Mynatt Martinez, P.C., of Las Cruces.
The City Council also held a closed executive session on the matter, which is allowed for “pending or threatened litigation” under the Open Meetings Act. Atwell also recused himself from this session. No action was subsequently taken in open session. The Open Meetings Act states action can only be taken in open session.