![T or C Mayor Sandra Whitehead and City Commissioner Paul Baca](https://sierracountysun.org/wp-content/uploads/2021/10/Whitehead-and-Baca.jpg)
The four members remaining on the Truth or Consequences City Commission unanimously agreed yesterday at their Oct. 13 meeting that the commission’s empty fifth seat should be filled from the list of candidates running for commission in the upcoming election on Nov. 2. The informal decision will delay their appointment of a replacement for the seat vacated last month by Commissioner Randall Aragon until at least mid-November.
The four sitting city commissioners have the authority under state law to appoint a registered voter residing within the city to fill a vacant seat by a simple majority vote.
The first meeting after the election in November will be on the 17th. The city commission also voted yesterday to hold only one meeting in November and in December—a tradition “because of the holidays,” City Clerk Angela Torres explained.
Often public boards hurry to fill a vacated seat because they are plagued with tie votes that stall city action. That is not a problem with the T or C city commission. For the last two years, at least, the commissioners have voted unanimously on almost every issue that comes before them. All actions taken during the Oct. 13 meeting were approved unanimously, with little discussion.
Mayor Pro Tem Amanda Forrister led the discussion on the selection process to replace Aragon, who resigned at the Sept. 22 city commission meeting. “It is my will we wait until after the election. Those who signed up to run and who are campaigning—look at that pool.”
“I agree 115 percent,” Commissioner Frances Luna said. “It would be wrong to appoint from the candidate pool [at this time]. It wouldn’t be fair if we appoint an opponent to Commissioner Baca or Mayor Whitehead.”
“Good idea,” agreed Commissioner Baca, who is up for re-election, along with Mayor Sandra Whitehead. Commissioner Luna has decided not to run for her open seat.
Mayor Whitehead also agreed the appointment should wait until after the election.
Two T or C residents, Rick Dumiak and Art Berger, have submitted letters of interest, City Manager Bruce Swingle said. Would the city commission like to solicit more letters of interest? Swingle asked
“No. We’ll discuss it mid-November,” Whitehead said. “We’ll hold off until then.”
“Last time [the commission had to fill a seat] we didn’t have an election so close,” Forrister pointed out, “with candidates running and showing an interest.”
Judging by the discussion, it appears that neither Dumiak nor Berger will be considered.
When the city commission filled Brendan Tolley’s vacated seat in August 2020, it did not pick from the list of candidates who lost their bids to be elected to the commission in the previous municipal election, held six months earlier. The commission considered only individuals who had submitted letters of interest, choosing Frances Luna, who served as both a county commissioner and a city commissioner for three months after her appointment.
The city commission’s decision to wait until after this year’s municipal election is yet another demonstration of their solidarity. It seems likely they will appoint someone they can count on to continue the “tradition” of unanimity.
Mayor Whitehead underscored the value the commission places on presenting a united front in rushing to assure the public that Luna’s recent habit of attending commission meetings by phone, rather than in person, has not affected that body’s work. “Just know that Commissioner Luna is doing her best to keep us all together,” Whitehead said at the commission’s first meeting in September, when Luna’s absence first became notable.
If the voters do not return Whitehead and/or Baca to office in November, either one could be appointed to fill the vacancy, possibly preventing Forrister from becoming a sole minority voice. If Whitehead and/or Baca are re-elected, the commission could revisit its announced intention of choosing a replacement from the ranks of losing commission candidates and pick Frances Luna. By delaying the appointment until they see the election results, the sitting commissioners have given themselves a larger array of options for preserving their majority voice.
The solution to this potential problem is to not vote for any incumbent candidate, which will ensure that only one could possibly be seated as a replacement for Aragon. It is more than time for a change in our local government. There needs to be a real possibility for actual dialogue between the public and commission on the direction of our community. Dialogue has for too long been suppressed or controlled by the few, elected by the few. The future of this city hangs in the balance. Wake up, T or C.
Ron, I am in 100 percent agreement that the voters of T or C need to vote out the incumbents and elect anyone else but the existing commissioners. As you are well aware, this action by the city commissioners to violate municipal city code 2-29 was just one in a very long list of violations of city code and procedures that the current commission thumb their noses at. However, I’m not surprised; the commission has virtually eliminated public comment by not responding, or if they do respond, it is at the very end of the meeting. Kind of like punishing a citizen for saying anything by making them sit and wait until late into the meeting to see if any response to public comment is forthcoming. It usually is not, and that is very frustrating and rude, in my opinion.
The failure of the city commissioners to appoint a commissioner prior to the November election has shown they care little for the what the residents want or think, but only want to maintain their power over the residents of T or C. It also shows their ignorance or blatant disregard for the Truth or Consequences code of ordinances. It is not surprising to me, as the commission has ignored their own procedural rules many times in the past and they continue to do so.
Public comment at the commission meetings is a joke and a complete exercise in futility.
Section 2-26 of the T or C code of ordinances states that the commission will “perform all acts required for the general welfare of the City.” Is waiting till after the election to potentially reappoint someone that that voters may decide should not be on the commission only to be put back on good for the general welfare of the city? I think not!
In addition, Section 2-29 states: “Vacancies in the Commission shall, by majority vote, be filled by the remaining Commissioners for the period intervening between the occurrence of the vacancy and the next regular election.” Read that again: “between the vacancy and the next general election.” It does not say wait till after the election; it says: before the next election.
The city commission has violated its own laws of procedure once again, and yet they are held unaccountable. Does our city attorney not even know the city’s code? Obviously not, based on the advice he gave the commissioners that they didn’t have to do anything about the vacancy.
Whoever you vote for on Nov. 2, make sure it is not one of the incumbents if you ever want to see a fair and just city commission for Truth or Consequences.
Shame on the city commissioners for ignoring their own rules of procedure . . . and shame on the voters if the incumbents are reelected.
As a follow up to my comment above and, in my opinion the commission’s clear violation of Section 2-29 of the city code, I attempted to file a complaint with the Tor C police department.
The clerk at the PD’s office told me I had to file my complaint with the city clerk. I then filed my complaint with the city clerk this morning and below is the city’s response to my complaint, followed by my response to the city clerk.
I am warning all of the residents of T or C we have a commission that is turning into a third world governing body. I know the commission will never appoint me to Aragon’s seat and I’m okay with that, but their failure to follow 2-29 shows how out of touch they are with the residents of T or C and how little they care about what you or I think.
Good afternoon Mr. Dumiak,
After reviewing your attached complaint, I would like to clarify the meaning of Sec. 2-29.—Vacancies, which is listed below.
“Sec. 2-29.—Vacancies.
Vacancies in the Commission shall, by majority vote, be filled by the remaining Commissioners for the period intervening between the occurrence of the vacancy and the next regular election.(Code 1962, § 1-5-9)”
In your complaint, you noted that the Commission failed to follow Sec. 2-29.—Vacancies of the Municipal Code. During the Oct. 13, 2021, City Commission Meeting, the governing body chose to wait until after the Nov., 2, 2021 regular election to select a candidate to fill the vacant position. The code does not specify how long the Governing Body has to appoint a “Commissioner” to fill the vacant seat. The code does state that whomever they choose to fill the vacant seat will serve as a Commissioner until the next regular election, which will be the November 2023 election. The position could not be added to the Nov. 2, 2021, ballot because Commissioner Aragon resigned after the deadline to submit an item or position on the ballot.
In 2023, the candidate who has been chosen to fill the vacant seat will have to run for candidacy, should they wish to continue to serve as a City Commissioner. At that time they can either choose to run for “Position II” which will be a 2 year position, or they can run for one of the 4 year positions that will be up at that time.
I hope this information is helpful. Please let me know if you have any questions.
Thank you,
Angela A. Torres, CMC
City Clerk-Treasurer
City of Truth or Consequences
505 Sims St.
Truth or Consequences, NM 87901
(575) 894-6675
torcclerk@torcnm.org
aatorres@torcnm.org
Angela,
Thank you for your response, I do not have any questions; however 2-29 is clear in that it states as you noted, for the period intervening between the occurrence of the vacancy and the next regular election.
This is not open to interpretation, it clearly states between two periods of time. That time is between when the vacancy occurred and prior to the next regular election, which is on Nov. 2, 2021, not in November 2023. The vacancy occurred on Oct. 7, 2021 [Editor’s Note: Aragon resigned on Sept. 22], and the next regular election is on Nov 2, 2021.
The fact that commissioner Aragon resigned before that seat could be placed on the ballot for the next regular election is irrelevant.
The seat should and needs to be filled prior to the next regular election as stated in 2-29.
I fail to see how the commission’s action was not a violation of code 2-29.
In addition, this has created the ability for a losing former commissioner to be re-seated back on the commission, a clear contradiction to the election results and the people’s will. At the minimum, this was ignorance of the code or a deliberate attempt to circumnavigate an election which can be interpreted as an attempt at election fraud. Even if the commissioner’s action is found not to be a violation by the Attorney General, it is certainly unethical at the very least.
I stand by my complaint and I am very disappointed that the Police Department, as well as the city, has decided to try and interpret this complaint instead of following the proper legal path to determine the complaints validity. The validity of this complaint should be determined by the proper legal authority.
I will continue to pursue this very important issue as the future of our city is at stake.
Sincerely
Rick Dumiak