35 Days and Counting…

…Because while the town made progress at last night’s meeting and the timeline for final approval of the enabling ordinance for the Fire/EMS JPA works in theory, there are still several steps remaining as well as some unanswered questions. 

• The devil is always in the details: The text of the proposed JPA ordinance has not yet been made available for public inspection, and it appears that there were at least two versions. 
• The version which will be put out for public notice later this week is shorter than the original. 
• It remains to be seen how Santa Fe County and DFA will view the second, shorter version of the JPA Ordinance, although it appears to have addressed the concerns of both Commissioners Brennan and Murillo. 
• On a related note; while there was great progress made during last Friday’s budget workshop, there are strong indications that the town’s projected income for the next fiscal year are overly optimistic.  
• The town will submit an interim budget for 2026-7 that while better than previous years, does not fully address some important spending issues. It remains to be seen how DFA will respond.
• Public comments were interesting, and the “bit dogs” continue to bark loudly. 

Questions about Administrative Adjudicatory Deliberations (AAD):

Even with use of a loose interpretation of the concepts of transparency and responsive government, it remains difficult to reconcile Edgewood Mayor Brad Hill's call for use of the AAD with his past statements on open government and the use of closed sessions. Mayor Hill has described advice given to the Commission by a representative of the New Mexico Municipal League (NMML) in terms which appear to be inconsistent with advice given during previous training sessions sponsored by that organization. Furthermore, the Mayor's current position on the use of closed deliberations is not consistent with his own history on this matter. Therefore, I believe it is reasonable to ask if this represents new thinking on the part of the NMML and the Town of Edgewood.

Public Deliberations versus Administrative Adjudicatory Deliberations:

The introduction to the Seventh Edition of the Open Meetings Act Compliance Guide published by the Office of the New Mexico Attorney General, Gary K. King, opens with the following paragraph: 

Public access to the proceedings and decision-making processes of governmental boards, agencies and commissions is an essential element of a properly functioning democracy.  In a comment applicable to open government, Justice Louis Brandeis once observed that "sunshine is the best disinfectant." I agree wholeheartedly.  As former President Harry S. Truman later put it even more succinctly; "Secrecy and a free, democratic government don't mix...." ~ Gary K. King, Attorney General, 2010.

The current edition of the Open Meetings Act Compliance Guide includes a section on the Administrative Adjudicatory Deliberation (AAD).  It indicates that this mechanism is an exception to the OMA and one which was primarily intended for use in personnel matters.  The exception has been extended to include other matters involving confidential information.  However, the Compliance Guide also includes the following admonition: 

“Public bodies may not misuse the exemption as a means of avoiding the open meeting  requirements.”  (An excerpt of the Commentary following Example 46 on p. 24 taken from the Open Meetings Act Compliance Guide;  Seventh Edition, 2010.)

It may, indeed, be true that the New Mexico Municipal League (NMML) is seeking to establish a new "gold standard" for all quasi-judicial matters in which decision-making bodies retreat into closed sessions for deliberations and the making of decisions, but other than the Mayor's remarks at last week's Council meeting, I have found no indication that this is the case.  I have seen no evidence that any other jurisdictions in the area routinely use closed deliberations in land use matters or contemplate doing so. 

Edgewood P&Z debuts the Administrative Adjudicatory Deliberation:

That is the title of a new procedure which the Edgewood Planning & Zoning Commission is now using in public hearings.  For those of you who have asked for more information, the best I can do at this time is direct you to the Open Meetings Act (OMA) Compliance Guide published by the office of the New Mexico Attorney General.  A description of the process followed by the comments of the Attorney General can be found on page 24 of the guide. 

Like many facets of public policy there are at least two sides to every question.  It appears that this process is legal for use in limited circumstances. The second criterion listed in the AG's opinion does not seem to have been met for the use to which the AAD was put on Tuesday. However, keep in mind that the AG's opinion is just that; an opinion. The "present administration" appears to prefer the legal opinions of the New Mexico Municipal League which often has its own interpretations of state law.