The New Mexico Department of Justice (NMDOJ) is investigating claims that some members of the Bernalillo County Commission have violated meeting rules. 

In a letter dated April 24, and addressed to County Manager Julie Morgas Baca and Attorney Ken Martinez, the NMDOJ said, “Based on the materials reviewed, there are indications that deliberations on public business and ‘caucus-like’ activities were taking place among various members of the Commission outside of open Commission meetings.” 

The New Mexico Foundation for Open Government filed a complaint with the NMDOJ after receiving reports that commissioners had made a plan outside of the meeting to create a search committee to decide how to fill the position of the outgoing county manager. 

Executive director Melanie Majors said FOG applauds the decision. 

“This action is significant because it makes clear that a majority of the Commission discussed the selection process for hiring a new County Manager and agreed to the process in advance of the April 9 Commission Meeting in violation of the OMA,” Majors wrote in a news release. 

Majors went on to say that FOG is particularly pleased that the NMDOJ pointed out that “while individual Commission members may explore the feasibility of resolutions prior to their proposal, individual Commission members are strongly cautioned to avoid engaging in any conversations, telephone calls or text messaging on matters of public business in order to reserve those discussions and deliberations for observation in an open Commission meeting. Engaging in a pre-meeting voting caucus or making an agreement with fellow Commissioners to vote on a particular matter prior to a Commission Meeting could constitute a rolling quorum in violation of the OMA.” 

Today’s scheduled meeting of the County Manager Search Committee was canceled due to the NMDOJ decision, the county said. No rescheduled date has been announced.