Conduct ordinance tabled

After a public hearing on the proposed code of conduct ordinance to guide decisions and actions of city officials and employees, the Tucumcari City Commission voted Thursday to table the ordinance.

The issue of enforcement in the code brought some debate. District 4 Commissioner Chris Arias and Mayor Ruth Ann Litchfield argued in favor of empowering commissioners to take strong actions against colleagues to enforce the code.

On the other side, District 1's Ralph Moya and District 5's Todd Duplantis argued stronger enforcement would give commissioners judgment powers they are not qualified to exercise.

After an exchange of views, Arias, noting the absence of District 2 Commissioner Amy Gutierrez, moved to table the ordinance until all five commissioners could vote on it.

In the public hearing, one speaker, Greg Dudley, who said he had moved recently to Tucumcari, argued in favor of stronger enforcement.

“Without teeth,” he said, there is no enforcement.

Without enforcement, he added, there could be a threat of secret meetings and a “good old boy” system that could thwart progress in the city.

Litchfield said city employees had contacted city manager Britt Lusk to ask, if commissioners can criticize employees in public, why don’t commissioners have to take criticism.

Moya responded that citizens and employees do have right to speak.

“We’re not limiting their speech,” he said. “At the same time, in order for there to be democracy, we have to let voters choose their representatives.”

Voters, he said, should be the judges of the conduct of commissioners.

“If they do wrong,” he said, “they won’t be re-elected.”

Arias said there should be consequences and accountability for violations of rules designed to encourage decorum at commission meetings.

“It does not violate rights” if commissioners are held to rules that require courtesy and order in meetings.

Moya, as he has before, said enforcement of such rules could lead to “manipulation and controlling” of minority viewpoints.

Arias, however, said without allowing the city commission to impose discipline to enforce rules of conduct, “we’re passing a blank sheet of paper.”

Duplantis asked, “Where do we get the right to make that kind of interpretation (of the code)?”

None of the commissioners, he said, has enough expertise on the law to impose discipline on colleagues.

Litchfield said there should be consequences for bad behavior by commissioners, but said “maybe it shouldn’t be a public reprimand.”

Arias moved to delay the vote on the ordinance, and the commission voted unanimously for the delay.

Lusk, however, advised the commissioners they should vote on the code of conduct as soon as possible after the public hearing.

In remarks at the end of the meeting, Arias again advocated for more enforcement authority in the code, adding, “I hope we never have to use it.”

In other action, the commission:

• Decided to use the New Mexico First National Bank for banking services now provided through Wells Fargo for the next two years. The commission chose the bank based largely on the higher interest city savings accounts would earn from New Mexico First. Rachelle Arias, city treasurer, said New Mexico First uses a New Mexico Treasury system to determine interest rates rather than federal fund rates as the other banks did. New Mexico First was competing against Wells Fargo and Citizens Bank. All three had made presentations to the commission in previous meetings.

• Authorized the sale of a commercial stove at the Tucumcari Senior Citizens Center to the Tucumcari’s Veterans of Foreign Wars Post 2528.

• Authorized three park use permits. One was for the Maliyah Jones Memorial Softball Tournament on the city’s softball fields from Sept. 14-16. Two were for Five Mile Park Summer Fiesta events on Aug. 24 and Sept. 7.

In his city manager’s report, Lusk read a statement responding to the New Mexico Racing Commission’s decision not to grant a sixth racetrack license in the state. A site in Tucumcari was competing for the license.

"It is unfortunate the Racing Commission has decided not to award a sixth license,” he said, “especially since Tucumcari is the prime location. We at the city will continue to pursue economic development initiatives, and improve the services provided to our citizens."

Lusk also announced the city bought a bucket truck that can lift two workers to do tasks on power and light poles, as well as other elevated locations.

He also said the city acquired a new website that will be available to the public in about a month.

In commissioner comments, Litchfield read a proclamation recognizing Aug. 11-17 as American Wind Week. The proclamation said the wind energy industry has provided 114,000 well-paid jobs, generated $142 billion in private investment over the past decade and the price of wind energy has decreased by 69 percent over the past 10 years.

Litchfield said she was “bummed out” by the racing commission’s decision but said, “It doesn’t mean the end of Tucumcari.”

Moya announced charges against him related to a loose dog that he said belonged to his sister had been cleared in municipal court, and his arrest related to that charge was cleared in municipal court, as well.

He also said an improper dumping citation against one of his properties also was cleared in municipal court.

He called for a review of city ordinances, many of which he said were outdated.

He also asked about patching Main Street near the Tucumcari Mountain Cheese Factory. Lusk said the repair would await others to allow full use of a complete batch of patching material to be mixed without leaving waste material.

Duplantis asked about completion of painting on the city library and the status of city fire hydrants, Lusk said he was not aware of the library’s status.

Fire hydrant repairs are costly, he said, but the city is making repairs as funding allows.