County lobbyists frustrated

Quay County's lobbyists expressed frustration to commissioners with the format and results of the recently completed New Mexico Legislature session, especially with a new law that removes qualified immunity for law enforcement and other governmental entities.

Monday's meeting also proved to be the finale for county manager Richard Primrose, who is retiring Friday after 14 years at the helm.

Former state senator Clinton Harden, a principal of the Clinton D. Harden and Associates in Clovis, said his firm tracked 45 issues during the 60-day session but found it difficult because many hearings were held virtually due to COVID-19 restrictions. Harden said he tried to keep tabs on bills using two computers and one smartphone simultaneously to follow Zoom videoconferences.

"I've been at this a number of years now," he said. "This was the most difficult session I've been through."

In one instance, Harden said two former state senators, one former lieutenant governor and one former Secretary of Labor were scheduled to testify online but didn't because a lawmaker claimed they hadn't registered to comment 24 hours in advance as required.

Commissioners Jerri Rush and Robert Lopez agreed with the frustrations and limitations of Zoom meetings.

Lopez added: "The number of people who pay attention (to legislative sessions) is so tiny, and it allows them to get away with it."

Harden colleague Kathy Elliott predicted, however, a "busy" summer with lawmakers because they'll be less restricted by COVID-19 rules by that time.

Harden and Elliott aimed most of their ire on House Bill 4, which gives New Mexicans the right to sue government agencies over civil rights violations. The bill largely was prompted by police brutality protests across the country.

Harden called it "a bad piece of legislation" opposed by at least 28 counties, including several urban areas. He summarized the Legislature's dismissal of the bill's critics: "We're not going to pay attention to what our constituents want. ... You don't like it, but you're going to get it."

"This is not a qualified immunity plan," he added. "This is a lawyer 401k plan."

Elliott said of the bill: "Powerful attorneys looked at it as an opportunity."

She said the bill would add "horrendous costs" to cash-strapped counties and municipalities.

"We fought hard," Harden said, "but we lost this one."

Primrose later in the meeting cited an email he received from a lawyer that morning that stated employees or volunteers at fire departments and county operations would not be exposed to liability despite the new law.

Primrose noted the law doubles the liability payout cap to $2 million and such awards can be given per claimant.

Sheriff Russell Shafer briefly weighed in on the law, saying "the state is abandoning us" and "I don't go out looking to violate people's rights."

In other topics of discussion, Elliott said she anticipates significant changes in capital outlay requests in future sessions to prevent "surprises" with nonprofit organizations.

She said future sessions also may address funding for wastewater and pipes, a common problem with many New Mexico communities.

Elliott said a possible shift in capital outlay requests would be to let counties and municipalities share large equipment with each other instead of letting it sit dormant for months at a time.

Regarding recent recreational marijuana legalization, Harden said the heavy use of water - up to 6 gallons a day per plant - likely will become a big issue as more marijuana growers enter the state. He said medical marijuana growers on tribal lands already have exceeded their water allotments in some cases.

Commissioners approved a contract renewal with Harden & Associations for $1,000 a month.

At the beginning of Primrose's last meeting, commission Chairman Franklin McCasland presented him with a plaque of appreciation.

Later in the meeting, Lopez and Rush voiced thank yous to him for his years or service.

"You make our jobs easy," McCasland also told Primrose.

Primrose thanked county employees and supervisors for their support, and he expressed support for his successor, emergency manager Daniel Zamora.

"It's been a great ride, but someone younger needs to be in this position," Primrose said.

In other business:

• Road superintendent Larry Moore said his department was preparing an application to replace a second bridge along old Route 66 between Endee and San Jon for $5.3 million. The county earlier received $3.2 million to replace another 1930s bridge about 150 yards west. He said the second bridge would be more expensive because of the rising cost of materials and water flow required a precast girder design. Moore said the project could be ready to begin as soon as August.

The state Department of Transportation has allotted $120 million for local road projects this year and is scheduled to make available $40 million annually after that. Counties and entities must submit competitive requests for the aid.

• During commissioners' comments, Lopez noted when his father recently was flown from Trigg Memorial Hospital in Tucumcari to an Albuquerque hospital during a medical emergency, the bill for the flight was $117,000 before it was submitted to insurance.

He recommended the board approve a previously proposed air ambulance contract with Phoenix-based PHI Air Medical and Rico Aviation that would provide service for every Quay County resident for $24,000 a year. He said the pact would "provide peace of mind to elderly people."

Primrose said the aviation company's and county's lawyers were working on the contract, and it would be submitted for the commission's possible approval at a later date.

• Andrea Shafer, the county's DWI Program administrator, reported her office handled only three driving-while-intoxicated cases - "the lowest number I've seen," she said - during the January through March quarter. She acknowledged the low numbers were because of liquor establishments being closed during the COVID-19 pandemic.

Noting a rise of suicide deaths in the region, Shafer also said her office was mailing inspirational letters to mental-health therapists and offices in the county and displaying similar messages on the office's windows.

• The commission approved annual Fire Fund Protection applications for the county's rural fire districts. Rush, a volunteer firefighter in Forrest, abstained from the vote. These minimum amounts would go to the following fire districts: $123,338 to Bard-Endee; $84,279 to Conservancy No. 1; $54,483 to Conservancy No. 2; $54,483 to Conservancy No. 3; $52,418 to Forrest; $89,422 to Jordan; $39,058 to Nara Visa; $52,418 to Porter; $52,418 to Quay; and $52,418 to county administration.

• Commissioners approved four resolutions presented by finance director Cheryl Simpson. One was a third-quarter financial report for the DWI Program. Another was an audit contract for $43,749 with Carr, Riggs & Ingram for fiscal year 2022. The others were budget increases of $17,850 to purchase personal protective equipment for Rural Fire No. 1 and $50,000 for the Emergency Management fund to by a cybersecurity server for the county's computer system.

• Primrose said the county has mailed letters to livestock producers requesting donations for the Department of Agriculture's predator control program. He said the letters usually generate $4,000 to $5,000 in annual donations.

• Commissioners approved Primrose's recommendation to approve a resolution to continue the county's participation with the Eastern Plains Council of Governments.

• Commissioners went into a closed executive session to discuss threatened or pending litigation.