Previous commissioners violated Open Meetings Act

EDDY COUNTY— The previous Eddy County Board of Commissioners was found to be in violation of the Open Meetings Act for failing to provide specific descriptions in approximately 26 past meeting agendas in 2013 and 2014, according to the New Mexico Attorney General's Office.

Three members of the current board, including Susan Crockett, Glenn Collier and Royce Pearson were serving on the board at the time. All said they were unable to comment because they have not yet seen the document.

The document from the New Mexico Attorney General's Office said the descriptions for closed meetings during that time all contain phrases such as "limited personnel matters" or similar "generic" phrases, which is prohibited by the Open Meetings Act.

The Open Meetings Act regulates that meeting agendas must provide specific information about what is to be discussed.

"A public body should avoid describing agenda items in general, broad or vague terms, which might be interpreted as an attempt to mislead the public about the business the public body intends to transact," the Open Meetings Act states.

During two of those of those meetings with general descriptions, the county also neglected to acknowledge a pay raise for County Manager Rick Rudometkin, the Attorney General's document said.

Rudometkin was given multiple pay raises during 2014. As of Nov. 9, 2014, Rudometkin's salary was $172,000 a year, according to the employment record attached to the document.

The office found that the January 2014 raise, which was also given to multiple other employees, was approved by commissioners in accordance with the Open Meetings Act, but the June 2014 raise was not.

Cas Tabor, the county's attorney, said on Monday that he received the Attorney General's office document and plans to discuss further action with Rudometkin, who was unavailable for comment.

The Attorney General's office began to investigate the commissioners after Eddy County resident Ronald Barron filed a complaint.

"Do you feel ripped off? I sure do. Eddy County has the second highest paid County Managers in the state." Barron wrote in a letter to the Current-Argus.

Barron also wrote that, because the raise was provided under actions that were in violation of Open Meetings Act, he felt it should be returned.

"Because of the violations in 2014, the salary is not legal and must be paid back," Barron wrote. "The Commission might attempt to find a way to give those raises again unless we all stand up and tell them we do not agree."

The county's human resources director was unavailable to confirm Rudometkin's current salary.

James Hallinan, spokesman for the Attorney General's office, confirmed that if the action is deemed void by a court, the money would have to be paid back. However, the Attorney General's office does not have the jurisdiction to take such action.

The document from the Attorney General's office said the violations may be cured by convening in accordance with the Open Meetings Act regulations and properly discussing items from the past meetings. The next commission meeting is scheduled for June 7.

Stella Davis, county commissioner and former reporter for the Current-Argus, said although she was not on the previous commission, the current board has made strong efforts to follow Open Meetings Act rules.

"The current commissions are following all the regulations for the OMA (Open Meetings Act), we’re very strict on that," Davis said.

According to the  Attorney General's website, there have been no other determinations regarding the actions of the Eddy County Commissioners in relation to the Open Meetings Act within the last two years.

Connie Lee can be reached at 575-628-5516.