Election of CCLA board may not have been legal

The County Livestock Loss Authority Board voted in new officers on Monday. However, due to a potential violation of the Meeting Opening Act and a pending ruling by the Ethics Commission, it’s unclear if the election will be official.

Early in the meeting, Jim Paxon, CLLA chair said director Tom Paterson was out of the country and assigned his proxy to director Nelson Shirley.

In the CLLA bylaws approved in November 2022, it states that any director who is not in attendance at the board meeting may give a written proxy to any other director authorizing the proxy holder to vote on behalf of the absent director; provided, however, that the issuance of a proxy will not constitute attendance (for a quorum).

El Defensor Chieftain requested information on the legality of the use of a proxy from the New Mexico Department of Justice and did not receive a response before deadline.

However, according to an opinion written by Gary K. King, former New Mexico Attorney General, “the use of a designee for voting purposes is not authorized by the Open Meetings Act (OMA).”

During the meeting Paxon announced that on August 15, he requested an informal opinion from the New Mexico Ethics Commission, which was followed up with a request for the Joint Powers Agreement, bylaws, operational procedures, payment of depredations and conflict avoidance. He said the Ethic Commission contacted him and advised they had enough concerns with the information, and their attorney was elevating it to a formal complaint.

“I attempted to be fair-handed and objective. In my memo to the Ethics Commission, I want it known that I stated that none of the directors involved were given any more or any less. They were paid the same as any other applicant. Patterson did not have payments for depredations, but did have a payment for conflict of avoidance; the other two (McQueen and Shirley) had both,” Paxon said.

He said his understanding is the formal complaint before the entire ethics board would be heard on October 4 in their regularly scheduled quarterly meeting, “They’ll go into Executive Session, and they will come out with a judgment and this is, in fact, a legal judgment because it’s reviewed by the seven on the Commission Board.”

Paxon said they will consider any input received and anyone can contact the New Mexico State Ethic Commission and provide additional information.

“At this point, it’s out of our hands, and we’ll see what the Ethics Commission comes up with at their meeting this Friday,” Paxton said “This is not a comfortable situation.”

He said he didn’t think they could go forward with the election of officers until after the ruling.

Director Nelson Shirley argued in favor of having elections.

“Just for the record, let me make it clear that your letter to the Ethics Commission incorrectly stated that the board members are the ones who set the rate for depredation, set the indirect and the conflict avoidance damage. That’s incorrect. The NMDA personnel set the values for depredation compensation. US Fish set the formula for conflict avoidance,” Shirley said.

He asked if the Ethics Commission knew there was no salary or per diem received by directors. Paxon suggested he contact them with any additional information he has.

Shirley made a motion to move forward in the election of officers and seconded the motion as the proxy for Paterson. Director Audrey McQueen, Shirley and Paterson via Shirley voted yes while Martinez and Paxton voted no.

Shirley made a motion for Queen to serve as chair, with a second by Paterson via Shirley. McQueen, Shirley and Paterson via Shirley voted in favor of McQueen to replace Paxton as the chair. Martinez voted for Paxton to remain chair and Paxton abstained from the vote and the motion died.

Martinez nominated Paxon as vice chair, and the motion died. McQueen made a motion for Shirley to be vice chair, and Shirley, proxy for Paterson, made a second. It passed with McQueen, Shirley and Paterson via Shirley.

In other business, followed by a presentation of a suggested budget made by Kelly Ebert from the NMDA, a 2025 budget was approved. A request for proposals for legal representation was also approved. It was also agreed that an amended Joint Powers Agreement between the three counties, Sierra, Catron and Socorro will be taken to their county boards for approval.