Human Resources director said she’s the victim of workplace bullying because of sex, race and age
A City of Española director has filed ethics complaints against three city councilors whom she alleges have created a hostile work environment and engaged in workplace bullying toward her due to her sex, race and age.
Human Resources Director Sally Baxter filed the complaints on July 30 against District 2 Councilor and Mayor Pro Tem Peggy Sue Martinez, District 3 Councilor Denise Benavidez and District 4 Councilor Samuel LeDoux.
Baxter did not return a phone call by press time, seeking comment about her decision to file the complaints.
Mayor John Ramon Vigil declined to comment about Baxter’s complaints.
“We will follow the procedures established by the municipal code,” Vigil said in a text message. “I have no comment regarding the ethics complaints at this time.”
According to the complaints, each of the councilors have used “disrespectful and devaluing language” to describe Baxter, engaged in persistent criticism against her in front of the public to humiliate her and used intimidation to threaten disciplinary action against her or terminate her employment.
Baxter wrote in her complaints that she believes Martinez’s and Benavidez’s treatment of her is rooted in the allegations made by a city employee against Vigil for sexual assault, and that their behavior is “intentionally intended to mask her own failure to act” regarding the allegations.
In June, the Rio Grande SUN published a story regarding a New Mexico State Police report filed by an employee who alleged Vigil sexually assaulted her while at a Santa Fe restaurant in October 2024. The report contained narrative summaries of interviews with Benavidez, as well as former city manager Eric Lujan, regarding the allegations.
According the Baxter’s complaint, the employee who filed the police report emailed her a complaint with allegations against Vigil on June 2.
“I forwarded the complaint appropriately, contacted a possible private investigator to be ready should such services be requested, and prepared to provide any documentation that might be requested by the Ethics Board when it was empaneled,” Baxter wrote in her complaint against Martinez. “Mayor Pro Tem Peggy Sue Martinez completely failed, acting in the absence of the mayor for the purpose of addressing the complaint, to empanel an ethics board. Her failure to act appears to be willful and intentional given her extensive knowledge of the Code of Ethics, including active participation not only in passing the ordinance, but in ensuring it contained provisions relating to sexual harassment.”
Baxter wrote that her complaint against Martinez is not meant to “determine the validity” of the complaint by the city employee against Vigil, but rather that she “failed to discharge her duty regarding a complaint made against an elected official, then engaged in persistent bullying towards me, including persistent disparaging comments she has been making against me in public, in order to divert attention from herself onto me for her failure to perform her duty as the Mayor Pro Tern, and as an elected official.”
Baxter’s complaint against Benavidez is similar in nature.
According to the police report, State Police Officer Amanda Zollo interviewed Benavidez about the employee’s allegations against Vigil. During the interview, she said that while she did not witness the events, the employee told her about what happened.
Again, Baxter wrote that her complaint against Benavidez is not intended to determine the validity of the employee’s allegations against Vigil.
“My complaint is that Councilor Benavidez failed to take any action upon learning of the allegations giving rise to (the employee’s) complaint made against an elected official,” Baxter wrote. “After (the employee) reported her complaint to Councilor Benavidez, Councilor Benavidez did not take any action to address (the employee) concerns. Councilor Benavidez did not notify the Human Resources Department that there was a complaint, nor request any information regarding how to proceed. She did not take any action to ensure an ethics board was empaneled. She did not ensure the complaint was referred to the City Manager for appropriate action. There is no record of Councilor Benavidez having taken any action regarding a complaint brought to her by a public employee against an elected official.”
LeDoux
In her complaint against LeDoux, Baxter wrote that after the employee’s allegations against Vigil became public, he became very outspoken against Vigil and proposed elected officials must sign in when visiting City Hall.
“Councilor LeDoux has stated in council meetings, in interviews, and on social media that I ‘mocked’ and ‘lectured’ him for his remarks,” Baxter wrote.
She also wrote that LeDoux has interfered with her job duties “by inserting himself into the hiring process for city manager.”
According to the complaint, LeDoux was in contact with one of the candidates and attempted to discourage him from applying. She also alleges that he has known one of the other applicants for more than 10 years.
“The complaints filed against almost half the council given the timing were clearly a ploy by the Vigil administration to detract from its own scandals and to delay and discourage accountability for the clerks office,” she wrote.
The city clerk also filed complaints against Martinez and LeDoux, alleging they also threatened and intimidated her.
Benavidez, Peggy Sue Martinez and LeDoux were three of the four councilors who voted to terminate Carla Martinez’s employment at a special council meeting held on Aug. 4. District 4 Councilor Justin Salazar-Torrez also voted in favor of her termination. No ethics complaints have been filed against him.
That same day, a State Police officer said the agency was not filing criminal charges against Vigil related to the employee’s sexual assault allegations at this time.
Mayor Pro Tem
Peggy Sue Martinez said she takes all complaints seriously, including ones that involve her.
“I would support an independent review to uncover the motivation behind them,” she said. “The timing raises concerns that these complaints may be retaliatory for speaking up about how the mayoral matter was handled. I repeatedly urged a neutral, third‑party investigation to address serious allegations against the mayor, including whether or not certain employees engaged in behaviors contradictive to personnel policies and procedures to either protect or cover up the allegations against the mayor. The intention was to ensure due process for all involved. Not for political satire.”
She said the complaints are telling, considering how Baxter and Carla Martinez are engaging in those behaviors themselves, which suggests they’re projecting and trying to shift focus, deflecting accountability from their own actions. The pattern of deflection calls into question Baxter’s and Carla Martinez’s credibility.
When asked about Baxter’s accusation against her claiming her behavior is rooted in her failure to respond correctly to the sexual assault allegations against the mayor, Peggy Sue Martinez said only Human Resources bears responsibility for the investigation and reporting of the allegation.
“My involvement was and is purely from the position of a member of the governing body perspective,” Peggy Sue Martinez said. “The question still remains whether or not HR — Sally — was due diligent, and was in compliance with the city’s personnel, policies and procedures, ethics, and local and state law with and with subsequent complaints were made to HR. Moreover, what is the employees confidence level that HR and would handle any employee concerns and complaints with impartiality and professionalism?”
Peggy Sue Martinez said the mayor is responsible for calling an ethics committee meeting to hear the matter and her position remains the same: the city should hire an independent investigator to look into the mayor’s allegations and any employee that engaged in behaviors against applicable policies and procedures. She said the complaints against her could also be investigated this way.