John Rerecich/Kathryn Engel
December 12,2011
NM Attorney General
Civil Division
P0 Drawer 1508
Santa Fe, NM 87504
Specific dates of potential violation
According to the City Mayor, Neil Segotta there was a meeting held on Dec 11, 2011, for the purpose of creating a Resolution that would restrict a Commissior [sic] from consulting with the City Attorney, or to undermine the majority by contacting other governmental agencies; or non-govermental [sic] agencies; in any official capacity.
Description of the public body that took the action in Question
The public body that took this action was certain members of the Raton City Commission together with the City Manager, Jeff Condrey. Commissioner Sandy Mantz was not informed of this meeting or its purpose. Others not informed were the citizens of Raton and the meeting was held in private. The other Commissioner not informed of the meeting was Chris Candelario. The Mayor, Neil Segotta, and the two remaining Commissioners who were involved were Charles Starkovich and Sarah Montoya, an Attorney At Law.
Description of specific circumstances surrounding the Allegation
The only elected Commissioner is Sandy Mantz who has been referred by the three aforementioned Commissioners as a rogue Commissioner, because she consults with her constituents and advises the Commission on financial matters as she is an accountant. She has been voted against by the three mentioned above, who are appointed Commissioners, on most issues brought before the Commission.
The most recent conflict has been the Commisssion [sic] decision to utilize Lodger's Tax money to pay for an economic impact study requested by a priviate [sic] developer. When it was pointed out to them by Commissioner Mantz that it was illegal use of the Lodgers Tax funds, they called for the vote and again voted
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it in, saying they were going to do it anyway. Commissioner Mantz consulted with the Municipal League, the City Attorney and the DFA who all supported her position. This was the final straw and the incident that drove the City Manager, the Mayor and the remaining Commissioners, excepting Chris Candelario, into this desparate [sic] move.
Other supporting documentation
Supporting documentation is a copy of the Resolution in question which was drafted without an OPEN MEETING or even a special closed meeting. It was released publicly on Monday Dec. 12 as already approved and dated Dec 13, 2011. It was voted on at the Commission Meeting Dec 13. I have also included a a [sic] statement made by myself during the "items from citizens present" at the end of the meeting.
In conclusion, if this move was initiated by the City Manager alone, it is clearly inappropriate and beyond his authority. If it was directed by one or more of the Commissioners, it is clearly a violation of the Open Meeting Law. Thank you for your consideration,
Kathryn Engel and John Rerecich
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