The following is a guest perspective by Sierra County Flood Comissioner Sandy Jones, who was appointed by Governor Michelle Lujan Grisham to oversee local flood-control projects using revenue from the 1.50 mills all property owners currently pay for flood control. The Citizen will publish the Sierra County Commission’s perspective if they submit one.
Before you vote, ask yourself this: Should an unelected district court judge appoint a board that will determine a tax increase for you? As you may know, the Sierra County Commission passed a resolution to place this question on the ballot, on a court docket that for months was sealed from view until I demanded that it be unsealed.
So why did the county commission make no effort to involve the taxpayers?
Why were all the court documents approving this measure sealed from public records until the matter was all but complete? Why was there no public comment?
Most importantly, perhaps, why does the commission want change?
The last item on the November ballot is the formation of a Sierra County Flood District, which falls under a distinct section of New Mexico Statute, which differs from a much older section that authorizes a county Flood Commissioner, which has been in place and working well for over 100 years. The wording of the ballot question may on its surface sound sensible however the intention of the county commission is to defund the Office of the Sierra County Flood Commissioner and form a new tax district with a court-appointed board (as opposed to a board that you the voter would vote on). The county commission is asking you to approve the new tax district void of any public out-reach, planning, fiscal or otherwise. The following chain of events clouds the intent of this ballot question in secrecy.
Out of the blue (without any previous commission discussion, at least not on the record as required) county attorney David Pato proposed the Sierra County Commission pass a resolution to form this new political taxing district and an unelected board. It is odd that any county commission would ever consider such a measure without debate and public involvement. However, with no advance notice, no debate, no questions of tax impact or process, the commission unanimously approved the resolution instructing the lawyer to get it on ballot.
As soon as attorney Pato filed the petition with the district court all records were immediately sealed from public view in direct violation of state law and court rules, only the county commission and Pato had knowledge of the filing.
After demands by my Flood Commissioner office, the court finally unsealed the record to the public and I, through my attorney, identified serious statutory and practical deficiencies in the process as proposed by the County Commission. My office then filed a motion with the court to enter the case to formally argue the deficiencies, but Pato and the county commission blocked my efforts, claiming that my counsel was prohibited from taking any position contrary to the illegitimate, secret, and flawed aims of the Commission.
The law allowing these tax districts to be formed requires a board to be elected by the citizens who will be taxed, however the order issued by Honorable Mercedes Murphy declares that she alone will appoint the board if the initiative passes since the county hastily filed for this ballot question. Further, Murphy’s order failed to explain how names could be submitted to her or the required qualifications to be considered for a board member. Apparently, that process will also unfold in secret. The entire process was very quietly designed by a county attorney who does not even live here.
Secrecy in government should never be tolerated. I believe the citizens of this county deserve better. Say no to backroom dealing with your hard-earned money. Vote No on the formation of the Sierra County Flood Control District. If the formation of a District is the direction the voters of Sierra want to go, so be it. But it should be done the right way, should follow New Mexico Law, and should be done transparently, not quietly pushed through.
Sandy Jones, thanks for writing this update on the County’s behind the public actions. And thank you Sierra County Citizen for publishing it just in time for me to be an educated voter.