New Mexico Department of Justice rules City of Anthony, NM violated Open Meetings Act during meeting

EL PASO, Texas (KVIA) -- The New Mexico Department of Justice ruled that the City of Anthony, NM violated the Open Meetings Act during the August 7th, 2023 meeting. The DOJ adds that the board needs to take training on this matter in a complaint filed by Mayor Pro Tempore Gabriel I. Holguin. A member attending the closed session brought concerns about whether the Governing Body discussed alleged improper private use by the mayor of a public vehicle in a closed session. The DOJ says the Board discussed the matter in a closed session as a personnel issue.

The governing body met on April 29th and voted and approved an audit with several audit findings. During meeting, all members except Trustee Daniel Barreras voted against the audit findings. The Board had 7 findings including hiring Interim City Manager at the time, Mario Juarez-Infante. Juarez-Infante was not appointed as Interim City Manager until May 12, 2022. The prior City Manager's term ended on May 17th, 2022.

The NM DOJ also says Board of Trustee meetings do not follow the approved order. The September 26, 2022 meeting did not have its agenda sent 5 days before the date as required--instead, it was sent 3 days prior. The DOJ adds the board failed to hold a budget workshop required by resolution 2022.001 Section 4.

The NM DOJ says the 3rd quarter financial report was submitted 4 days late to the Department of Finance and Administration. The deadline to submit the report was April 30th, 2023--they say the report was submitted May 4th, 2023.

In a letter sent to the City of Anthony Board, Assitant Attorney General, Daniel R. Rubin, says quote:

"Due to the information and documentation provided to this office by the filer, and without any
explanatory or contradictory response from the public body despite two requests, we find that the
Governing Body violated OMA with respect to the closed session discussion in question."