County grants opposition request

The Quay County Commission on Monday granted Sheriff Russell Shafer’s request by unanimously passing a resolution opposing House Bill 4, known as the New Mexico Civil Rights Act, because of potential insurance costs and liability concerns.

The bill, being considered during the legislature’s current 60-day session, aims to provide more accountability to police officers and would allow people to sue public officials if their civil rights are violated. It also would remove qualified immunity from prosecution.

Shafer noted the bill had been amended Friday, adding a cap of $2 million for compensatory damages. The earlier version contained no cap.

Government entities also would be required to pay all attorney fees for winning plaintiffs.

Despite the changes, county manager Richard Primrose said he’d received an email Monday morning from New Mexico Counties that maintained its opposition to the bill.

Shafer said the bill was “frivolous in its wording” and wondered how a small county such as Quay could handle a $2 million judgment.

“As a law-enforcement officer, I don’t get up in the morning and see whose civil rights I can violate,” he said. “What I see this bill benefiting is attorneys who sue government bodies. It won’t do anything to improve law enforcement.”

Shafer noted the bill would move such lawsuits from federal to district courtrooms. The resolution states even school districts could be liable for “failing to provide adequate education” to former students.

Answering a question from Commissioner Jerri Rush, Shafer said fire departments and emergency medical technicians also could be sued under the bill.

The four-page resolution approved by commissioners states HB4 is unnecessary because sovereign immunity already is waived for civil-rights claims by state law and that qualified immunity is not a defense in such cases.

New Mexico Counties said research indicates New Mexico already allows for some of the highest damage awards in the U.S. for claims against law enforcement. It states the bill may prevent counties and other entities from receiving insurance coverage.

The resolution urges the Legislature to instead devote more resources to mental-health treatment and revamping the New Mexico Law Enforcement Academy.

In other business:

• Commissioners approved a state appropriations contract for roof replacement of the exhibit center at the Quay County Fairgrounds.

The total was $350,000, approved as a capital-outlay project during the last New Mexico Legislature session almost a year ago. County Finance Director Cheryl Simpson said the county recently received the contract shortly after Primrose called to inquire of its whereabouts.

• Commissioners approved an application of an Assistance to Firefighters grant from the Federal Emergency Management Agency. The $98,334, which requires a 5% match, would buy protective equipment for firefighters at Fire District 2 east of Tucumcari, said County Fire Marshal Lucas Bugg.

• Road superintendent Larry Moore said after meeting with officials at the New Mexico Department of Transportation, District 4, it was “looking better” the state would issue a call for projects from an anticipated $40 million fund. Moore and Primrose said if awarded enough money, the county would use the money to replace a second 1930s bridge on old Route 66 between San Jon and Endee.

• Primrose said Gov. Michelle Lujan Grisham recently declared a state of emergency because of drought conditions statewide. He said the order should help farmers and ranchers affected by the drought get relief funding.

• Commission Chairman Franklin McCasland at the beginning of the meeting called for a moment of silence for New Mexico State Police officer Darian Jarrott, who was shot and killed Thursday during a traffic stop near Deming.