By Jennifer Canfield
SUN Staff Writer
Tempers flared and budgets were cut at Española’s May 13 city council meeting.
Mayor Alice Lucero dropped a bomb on the council, councilors Pedro Valdez and Elaine Herrera left the meeting protesting the budget process and councilor Peggy Sue Martinez requested that all appointed positions be reconsidered at a future meeting.
Only two items were on the agenda, a resolution limiting spending without council approval and the budget review, yet the meeting went until 11 p.m. Several department heads stayed the entire time but never had an opportunity to discuss their departments’ budgets.
A resolution proposed by councilor Robert Seeds required all spending over $2,500 to be pre-approved by the council. The resolution was expected to pass as councilors Seeds, Martinez, Dennis Tim Salazar and Corey Lewis had supported a previous resolution limiting spending without council approval to $1,200. The language of that resolution was misunderstood by the council and didn’t accomplish what the four councilors had intended.
When it came time to vote, interim City Manager Joe Duran told the council that $2,500 wasn’t enough to keep the city running.
“I understand what the concept is, but we’re not running a household here,” Duran said. “$2,500 will slow down the process of city business.”
The council voted 4-2 in favor of the resolution, with councilors Valdez and Herrera voting against and Eric Radosevich absent.
Once the vote was cast, Lucero announced that the resolution had, in fact, not passed.
“I did some research and I checked with the city attorney,” Lucero said. “In order to adopt a resolution, we need five votes.”
“Under state statute we are required to have five votes in favor of a resolution because this is an eight-member body and you need a majority,” city attorney Frank Coppler said.
The council has seven members, with one seat vacant—and according to Coppler and the New Mexico Municipal League, that vacant seat still counts.
This came as a surprise to the council, as it has been operating with the idea that four votes was a majority, considering the seven councilors.
“A quorum is decided on the basis of the original, full membership even though the local governing body is less than full strength,” Municipal League Communications Director Roger Makins said in an interview, interpreting a state attorney general’s opinion from 1971.
“Just because you have a vacancy does not reduce the number of people, because you statutorily have set eight as the number of council members.”
In April, Lucero attempted to appoint someone to the vacant District 3 seat. Seeds, Martinez, Salazar and Lewis voted against the appointment. Radosevich, who represents District 3, was angry that the person wasn’t appointed to help him represent his district.
“They think they wouldn’t have been able to manipulate him,” Radosevich said at the time. “They’re afraid he has his own mind and can make his own decisions.”
The four councilors that voted against the appointment have tended to vote together, with Herrera, Valdez and Radosevich voting opposite of them.
“This is not only disrespectful to this governing body, but also the voters who have put their faith in us. I think we need to work together and I don’t see this happening a lot in here,” Martinez said, referring to Lucero’s announcement of what constituted a majority.
“It’s unfortunate that this came out of a hat, like a magic trick at the very last second.”
Martinez then asked that all city-appointed positions be reconsidered at the next council meeting, which Lewis agreed with.
With the failed resolution, the council took a five-minute recess during which Valdez apologized to the employees in attendance and announced that he’d be leaving the meeting.
“Right now I’m in the situation where this council does not know its budget,” Valdez said. “They’re dealing with petty little things.”
Lucero asked Valdez to stay, which he did.
When the meeting started again, Lucero commenced the budget discussion by suggesting councilors adopt a flat budget and use any extra revenue to give city employees a raise. She echoed sentiments expressed by union leader Joaquin Maestas at a previous meeting that public safety was important, but so were other departments.
“We still have a lot of problems and they’re not going to be solved overnight and they’re not going to be solved with an additional officer,” Lucero said. “I’m just being realistic and looking at this budget and seeing the requests: there’s just no way we can accommodate all of this.”
Martinez responded while fighting back tears.
“I think it’s important to have a vision and discuss that vision, but we’ve never done that as a governing body,” Martinez said. “I really feel like we need to make public safety a priority.”
Finance Director Joyce Sandoval explained to the council what it would cost to give city employees raises, but Martinez insisted that the council balance the budget line item by line item before considering any raises or additional positions.
“I think that if we all work together and try to be fair and equitable, I think we can get through it,” Martinez said. “The changes that we make have to count for something. I’m not going to sit here and try to discuss this and our changes not mean anything.”
“Our departments are down to bare bones,” Lucero said.
“If we’re going to start fighting about $1,000 or $1,500, then count me out,” Valdez said as he gathered his things.
“Well then, you’re out,” Martinez said.
After Valdez left, the council started making proposed cuts, beginning with the governing body’s budget.
Martinez insisted on cutting all per diem, mileage and professional development funding for the council and mayor.
“To knock it down to zero is ridiculous,” Lucero said. “I think this is a disservice to the public that we’re not going to allow the governing body to get the proper training and information that they need.”
Finally, the always-quiet Herrera spoke up.
“I deal with budgets at a multi-million dollar corporation far and above this one, and never in my career have I seen such disregard for the way budgets are supposed to be handled,” Herrera said.
“I am sorry to the employees, but I can no longer sit through this.”
Herrera left, leaving Lucero, Seeds, Martinez, Salazar and Lewis to try to balance the budget. Proposed positions, professional services and contractual services were most of what the remaining council agreed to cut. It did, however, agree to increase funding to the YMCA Teen Center from $45,000 to $70,000.
The council will reconvene May 21 to finish the budget and approve it.