Commissioner doesn't live in district

The Tucumcari City Commission on Thursday voted 3-1 to appoint Matt Bednorz to fill in as District 3 commissioner for the rest of the year, though he lives outside the district.

Bednorz's case appears to occupy a legal loophole. Though he admitted in an interview with the Quay County Sun he has lived for at least two years south of Interstate 40 outside of District 3, he owns a home on South Sixth Street in the district. His voter registration also lists the same South Sixth Street home's address.

City commissioners interviewed four applicants for the position - Randi Eidsmoe, Joe Barnett, Steve Farmer and Bednorz - on Thursday before their regular meeting. The resignation in December of Ruth Ann Litchfield, citing health problems, created the vacancy. Bednorz's appointment would fill the rest of Litchfield's term through 2023.

During the commission meeting, Commissioner Mike Cherry moved to appoint Bednorz, which was seconded by Commissioner Paul Villanueva.

Commissioner Christopher Arias cast the only dissenting vote on Bednorz's appointment.

All the commissioners praised the quality of the applicants, and at least one encouraged them to file for candidacy for the November 2023 election. Mayor Ralph Moya said the candidates "have the city of Tucumcari at heart."

Bednorz will be sworn into office at a later date. The next city commission meeting is scheduled for Feb. 9.

District 3 encompasses much of the city's west side, with South Third Street mostly serving as the eastern border and much of Charles Avenue as the south boundary. Bednorz's current residence would be in District 5.

When asked during a phone interview Friday whether he lived in District 3, Bednorz repeatedly said: "I own a residence in District 3."

On Bednorz's declaration of candidacy, one section of the form states "I affirm that I currently reside at" with a blank line following that allows the candidate to write his or her answer.

He wrote in the line "or own a residence @ 1907 S. 6th Tucumcari NM 88401."

That also included a notation where Bednorz on the back of the form wrote additional comments, including citing Chapter 3, Article 9, Section 9 of state statute. Bednorz wrote, in part, the city commission could appoint a "qualified elector" - or a person registered to vote - to fill the unexpired term until the next regular municipal election or any special election.

Bednorz said commissioners didn't bring up his lack of District 3 residency during his interview.

"I still get my mail there, I still pay for water there," Bednorz said of the South Sixth Street house he owns but doesn't live in. "The Supreme Court has ruled many times you can pick your residency wherever that's best for you. It's up to you to change your voter-registration card. There's nothing illegal about this.

"I was very careful in wording my application. I did not lie. I was upfront," he added. "In my opinion, to be appointed, you must be a qualified elector. It does not say anything about residing in the district. I was within the law."

Bednorz said he also presented evidence of his voter registration, stamped by the Quay County Clerk's Office, that listed the South Sixth Street residence.

"That makes it legal, in my opinion," he said.

Bednorz said there also is precedent where Tucumcari commissioners appointed someone to fill an unexpired term who didn't live in the district.

Several city commissioners contacted by the Quay County Sun said they weren't aware Bednorz lived outside of District 3, nor was that issue brought up during his interview.

Moya said he assumed because a water bill for the South Sixth Street residence was under Bednorz's name, he lived there.

"Nothing presented to us was out of the ordinary," Moya said Friday.

When told Bednorz admitted to living outside of District 3, Moya said: "If he did say that, he should have been man enough to say, 'Nope, I'm not in.'"

Cherry admitted Friday he didn't look at Bednorz's application, nor was his residence mentioned.

Cherry also acknowledged a precedent of Tucumcari commission appointees not living within their district.

"The only qualification in the statute for us to appoint to fill a vacancy says he has to be a qualified elector in that district," he said.

Arias, who cast the only "no" vote against Bednorz's appointment, said Friday he wasn't aware Bednorz lived outside of the district.

Bednorz said he intends to run for a full term as city commissioner in the November 2023 election. He acknowledged the requirements for an election candidate are stricter, including signing a legally binding document that states he lives at the address listed on his voter registration.

"I will have to live there on a lease," he said of the South Sixth Street house. "If there's someone staying at that address, I'll have to figure out something else. My intention is to run and do everything legal."

Shortly after the commission meeting adjourned Thursday, Bednorz said he was grateful the commissioners chose him.

"I'll be a team player," he said. "I don't have an agenda ... just move forward and hopefully see the city grow.

"We as a commission need to answer to our constituents and be more accountable to the taxpayers," he added. "Make sure we have a proper police force and ambulance service. Make sure we have water and good streets. Make sure we take care of the people."

Bednorz, who earned a degree in political science from West Texas A&M, came to Tucumcari about 16 1/2 years ago. He became involved in the local Knights of Columbus and began serving on the city's Lodgers Tax Advisory Board five years ago. He is the board's chairman.

Bednorz expressed admiration for District 3 predecessor Litchfield, who later was elected mayor by her fellow commissioners.

"When it came open, I had a lot of respect for Mayor Litchfield," he said. "She's got big shoes to fill. I don't think I can fill them, but I think I can help move Tucumcari forward."

Litchfield didn't have a lot to say Friday when asked about Bednorz's lack of District 3 residency but acknowledged discomfort about it.

"I have mixed feelings on it right now," she said. "It's a gray line, so I don't know what to think."