Española Municipal Court Judge Stephen Salazar convinced four city councilors Tuesday night to vote his way, allowing Salazar to hand his legal bill to the city.
A motion to go into executive session to discuss the matter died for lack of a second. City attorney Frank Coppler then advised the council to discuss Salazar’s request in public.
“I don’t know of any exception that allows us to discuss this in private, since there is no threat of litigation,” Coppler said. “The municipal court is independent, the judge is independent and his conduct is independent of the city.”
Mayor Alice Lucero then told the council there would be two votes, one to decide whether to pay Salazar’s legal bill and another to decide how much.
On a 5 to 2 vote the council agreed to pay Salazar’s legal fees.
In a second 4 to 3 vote the council agreed to pay $7,700 in legal fess for Salazar and foot the July 18 bill when Salazar is in front of the state Supreme Court.
Voting against paying Salazar’s $7,700 legal bill was Elaine Herrera, Cecilia Lujan and Peggy Martinez. Pedro Valdez was absent.
The discussion and vote came after city attorney Frank Coppler advised the council to hold the meeting in public, following a possible illegal executive session held June 18, when Salazar made the same request.
At a June 18 workshop meeting, city councilors considered a request by Salazar to reconsider a Jan. 10 decision to not fund the judge’s attorney fees. At the time, after meeting in executive session, former District 2 Councilor Greg Ortega made a motion which failed for lack of a second, according to the meeting’s minutes.
Salazar earns $38 per hour and was represented by a private lawyer during hearing in 2007 and 2012, when tried by the Judicial Standards Commission.
The state Supreme Court is scheduled to act July 18 on the Commission’s recommendation that Salazar serve a 90-day unpaid suspension from the bench. According to Randy Roybal, executive director of the Commission, the Supreme Court may, “accept, reject or modify the commission’s recommendation for discipline.” Salazar refused a request for an interview.
Councilors voted unanimously to meet in executive session to discuss personnel issues. After convening in private with the judge, councilors informally decided to table the matter until city attorney Frank Coppler, who was not present at the meeting, renders a decision concerning the legality of paying Salazar’s attorney fees with taxpayer money.
District 4 Councilor Robert Seeds attended the executive session. He said the matter was a personnel issue, hence the executive session was warranted.
At first Seeds suggested discussing the matter publicly and then voted for the executive session after the judge said the matter concerned his city employment. While Salazar collects a city salary, he is an elected official serving at the will of the voters.
“What was discussed probably needed to stay behind closed doors,” Seeds said.
The motion to go into executive session was made by District 2 Councilor Peggy Sue Martinez. She said the session concerned an issue pertaining to personnel matters. District 1 Councilor Dennis Tim Salazar seconded the motion with Councilors voting unanimously to meet behind closed doors. District 3 Councilor Cecilia Lujan was absent.
The meeting agenda does not specifically list the judge’s legal fees as an agenda item. All Council meetings carry the same wording for executive sessions although councilors rarely meet in executive sessions.
The agenda lists no specific reason the council will go into closed session.
Gwynth Doland, executive director of the New Mexico Foundation for Open Government, said the discussion should have been held in public.
She pointed to an example included in the state attorney general’s Open Meetings Act Compliance Guide, referring to a contractor dealing with a state commission. Doland then compared Salazar’s position to the independent contractor and the city of Española’s role to the state commission.
The Guide Reads: “During its regular meeting, a state commission discusses a contract it has entered into with a person who happens to be employed by a nearby municipality. The state commission cannot close its meeting to discuss the contractor under the limited personal matters exception. Although the contractor is a public employee, she is not an employee of the state commission.”
Interim city manager Joe Duran said the executive session was warranted since it concerned personnel matters and attorney client privilege.
“I have no control over an executive session,” said Duran, who did not attend the session. “I feel they followed the New Mexico Open Meetings Act.”
Regardless, Coppler will render legal advice, and charge the city accordingly.
“It’s going to cost the city money either way, whether council decides to pay or not,” Duran said. “Where it’s going to go, I do not know.”
In all, the city has spent $15,000 since 2008 to defend Salazar in various legal matters, including $10,000 in November 2008 and $5,000 in October 2010, all to Santa Fe attorney Dan Cron, city financial records show.
Cron is the attorney Salazar is trying to get the city to pay currently. He did not return a call requesting an interview.
Interim city manager Joe Duran said the executive session was warranted since it concerned personnel matters and attorney client privilege.
“I have no control over an executive session,” said Duran, who did not attend the session. “I feel they followed the New Mexico Open Meetings Act.” Regardless, Coppler will render legal advice, and charge the city accordingly.
“It’s going to cost the city money either way, whether council decides to pay or not,” Duran said. “Where it’s going to go, I do not know.”
In all, the city has spent $15,000 since 2008 to defend Salazar in various legal matters, including $10,000 in November 2008 and $5,000 in October 2010, all to Santa Fe attorney Dan Cron, city financial records show.
Cron is the attorney Salazar is trying to get the city to pay currently. He did not return a call requesting an interview.