Even though the New Mexico Senate approved a measure that would allow Santa Fe County voters to decide whether the city of Española will continue being a part of their County, one senator said the local group pushing for the annexation may need to file a whole new petition.
Senators passed Senate Bill 98, Feb. 16, in a 34-6 vote, less than a week after the Senate Judiciary Committee signed it.
One of the bill’s sponsors, Sen. Richard Martinez, D-Los Alamos, Rio Arriba, Sandoval and Santa Fe counties, said it was written to make it easier for the portion of Santa Fe County inside the city’s boundaries to be annexed into Rio Arriba County.
During the spring of 2016, Española/Santa Fe County resident George Martinez, along with Alfonso Duran and Floyd Archuleta, collected 770 signatures petitioning the County to hold a referendum on the annexation, exceeding the 681 signatures needed to represent 51 percent of the approximately 1,300 residents living in the area to be annexed.
The group, Citizens for Accessible and Representative Government, filed the petition because they believe Santa Fe County officials don’t do enough to provide the municipal services they deserve and expect.
Santa Fe County officials denied the petition because it did not prove that it would be more convenient or economical for residents to get government services in the Rio Arriba County seat of Tierra Amarilla, rather than the Santa Fe County seat of Santa Fe — a state law requirement. While Tierra Amarilla is the Rio Arriba County seat, residents in the area to be annexed get their services from the County offices in Española.
The bill would offer George Martinez and his allies an alternative legal standing to petition the County. The same petition process would have to be followed, subject to review by a judge.
Under the bill, if a municipality is located in two contiguous counties with at least 15 percent of its population living in each of the adjoining counties, the residents in the part of the municipality with the smaller share of people may be annexed to the other county.
First Judicial District Court Judge Sarah Singleton ruled, Nov. 18, 2016, that Santa Fe County officials must publish a notice informing residents that they have a right to contest the annexation petition. However, Santa Fe County appealed the ruling to the Court of Appeals and never published the notice.
“Because of the pending litigation, this causes me some concern that we’re (raising the issue) here in the legislature,” Senate Majority Leader Peter Wirth, D-Santa Fe County, said on the Senate floor before he voted against the bill. “I do think these folks were earnest about the situation they’re in, and they’re trying to get a resolution. I hope we can figure it out.”
According to the New Mexico Constitution, no action of the state legislature can change any right or remedy of any party in a pending legal case, or change the rules of evidence or procedure. Sen. Daniel Ivey-Soto, D-Bernalillo, cited that section of the state’s founding document before he voted for the bill.
“My guess is, if properly applied, that (the bill) would not affect the current case going on, and would not stop the people in this area of Española, they’re pretty dedicated to this issue,” Ivey-Soto said. “It wouldn’t take them much to gather new petition. If this passed, the pathway would be available to start from square one, which would be easier than finishing the litigation.”
County Attorney Adán Trujillo said George Martinez put hundreds of man hours into gathering the signatures and it would be a burden on him to do it all over again.
Trujillo said he will ask the Court of Appeals for an expedited resolution in the case.
The bill must now be assigned to a committee in the House of Representatives for review, before going to the full House for a vote.
If the bill changes at all in the House, it would then have to return to the Senate for approval in its new form, before going on to Gov. Susana Martinez’s desk to be vetoed or signed into law.
Other opponents of the bill include Sen. Nancy Rodriguez, D-Santa Fe; Sen. Elizabeth Stefanics, D-Bernalillo, Lincoln, San Miguel, Santa Fe, Torrance and Valencia; Sen. Jeff Steinborn, D-Doña Ana; Senate Education Chair William Soules, D-Doña Ana; and Sen. Cisco McSorley, D-Bernalillo.