Mayor John Ramon Vigil signed the contract, but it also needed county signatures
Due to an incorrectly executed contract, the City of Española’s official ability to send people to the Santa Fe County Detention Center ended on May 28.
Española Municipal Court Judge Joseph Madrid informed the City Council about the situation regarding the jail contract during its May 27 meeting — just hours before the contract expired.
Madrid said Española City Police Chief Mizel Garcia confirmed that Mayor John Ramon Vigil signed the contract and the city submitted it, but it was invalid because the Rio Arriba County Commission members also had to sign it, which they did not.
Vigil wrote in a text message Tuesday that he did sign the contract to continue services on the recommendation of the city’s attorney, Frank Coppler.
“We will be taking it to Council next week for ratification of my signature,” Vigil wrote. “Then it will be final and binding.”
Over the last three years, Madrid said he has had multiple conversations with multiple members of the council regarding where to send people who are arrested in the city, but nothing has been done.
They’ve had a letter regarding the contract renewal since February, he said. He found out about the contract’s status just four days before the council meeting.
“I might as well ask the chief right now to give me his handcuffs and put them on because I’m literally binded,” Madrid said.
Española has agreements with other New Mexico jails, including the Rio Arriba County Detention Center in Tierra Amarilla and the Taos County Detention Center.
The city officially closed its jail in 2005, but continued booking people at the facility until 2006, when it was shut down for good after heavy rain caused enough damage and forced its permanent closure.
No prosecutor
In addition to the contract expiring, Madrid said the city has not hired a new Municipal Court prosecutor after the previous attorney left this past January.
The number of cases that show up in his court records each month is not a complete picture of what is going on, he said. If there are 69 violations, that doesn’t even show how many dismissals there are due to lack of prosecution.
He has to regularly dismiss DWI charges, he said. Officers spend so much time figuring out how to transport someone arrested in the city to a jail, that they typically file their cases in Rio Arriba or Santa Fe County magistrate courts because then these facilities are required to take them in.
The issue is money, Madrid said, and the lack of a jail.
“I don’t care about our numbers and our finances,” he said. “That’s something this council should because we all know the way that the General Fund works and how the pot works and how everything comes.”
Mayor Pro Tem Peggy Sue Martinez supports Madrid.
“I feel like this council is not getting information fast enough concerning the jail contract,” she said. “I found out today.”
Despite the support, Madrid challenged her response.
“Mayor Pro Tem, sorry to interrupt you, but with all due respect, I have been coming to you, mayor, chief for the last three years saying about a jail situation,” he said. “I did not want to come and speak in front of all the constituents of Española on this situation.”
Garcia’s response
Garcia said he originated the most recent version of the contract with Santa Fe County three years ago. While he asked about the contract’s status, he never got a direct answer from city leadership. He got those answers the same day as the council meeting.
Municipal Court Administrator Jolene Miera contacted him, Garcia said, and asked if he was aware of the contract status.
“I wasn’t,” he said to councilors.
Garcia said he spoke with Santa Fe County Detention Center Warden Derek Williams, who agreed to continue taking people, but they can stay there no longer than two weeks.
The city is essentially paying a tax now, too, Garcia said, and instead of $220 per person per night, they have to pay $255.