ROLES, RESPONSIBILITIES & RELATIONSHIPS IN DETERMINING ACCOUNTABILITY
AT THE FEB. 5,'08
DEMOCRATIC ELECTION, AND ETHICAL CONDUCT OF POLITICAL CANDIDATES DURING
THE T OR C MUNICIPAL ELECTION CAMPAIGN PERIOD,
JAN.8-MAR 4, '08.
1. The City of Truth or Consequences City Clerk
In the morning on the day after the Democratic
Election, concerned citizens went to the T or C
City Clerk's Office to complain about the conduct
of Steve Green. When describing Steve Green's
conduct at the Feb. 5th election, City Clerk, Mary
Penner said, "It wasn't my election". She
suggested taking up the matters with the Sierra
County Clerk.
Ms. Penner confirmed that the City of Truth or
Consequences loaned the use of the T or C Youth
Center, located at 300 Daniels St., downtown T or
C, as the Feb. 5th polling site.
2. Sierra County Clerk
Immediately after speaking with Ms. Penner, a
meeting with Sierra County Clerk was held. Ms.
Janice Sanchez, Sierra County Clerk, also said the
Feb. 5th election was not her responsibility.
Ms. Sanchez confirmed that Sierra County loaned
use of a voting booth and gave a list of registered
Democratic voters to the Sierra County Democratic
Party for them to conduct the Feb. 5th election.
3. The New Mexico Secretary of State
Over the telephone on the same day, Mr. Larry
Dominquez, Bureau of Elections, referred to
media reports, calling the Feb. 5th Democratic
Presidential Preference Caucus a "fiasco" in the
way it was held. He described elections needing
to be conducted as "serious business" of the
State of New Mexico, and that under New Mexico
State Statutes, elections must be carried out in
strict uniform manner to ensure fairness, and to
maintain their integrity. He also said, an unusual
approval was granted to the Democratic Party of
New Mexico for 2008 to conduct the Feb. 5th
Caucus Election under their own rules.
A formal written notarized
complaint with
notarized witness statement, was
then sent
to the Secretary of State for a ruling.
Daniel R. Miera, Administrator,
Bureau of Elections
wrote in response acknowledging
the complaint
as legitimate, and to say the Secretary of
State
was taking it very seriously.
The New Mexico Secretary of State sent the
complaint to the Democratic Party of New Mexico,
and the New Mexico Attorney General.
The New Mexico Democratic Party never
responded in any manner.
4. The New Mexico Attorney General
In early March, a conference phone call was held
which included SOS Elections Administrator,
Daniel Miera, and Asst. Attorney General, Zach
Shandler. Each agency said while they believed
the complaint would be prosecuted under election
laws - had the election been carried out by the
State; but, and because the Democratic Party of
New Mexico conducted the election - under their
rules, they could not take action. It was
discussed that the individuals could seek
agreement from the VII District Attorney to bring
charges before the District Court for prosecution.
5. The Law Offices of John R. Hakanson, P.C.
Election Law Attorney, Miguel Garcia, was hired
to
review the complaint and give an opinion.
Mr. Garcia advised to pursue the complaint in
VII District Court, first and foremostly because
campaigning too closely to an election polling place
is a crime, and Steve Green was witnessed doing it.
Mr. Garcia further advised that because of the
working relationship between Steve Green, then-
candidate for T or C City Commissioner, and
Deborah Toomey, Sierra County Democratic
Chairperson, that Conspiracy to Violate Election
Code, Offering a Bribe, and Accepting Bribe should
be charged.
Mr. Garcia also said that the State of New Mexico
should be required to apply New Mexico State
Statutes governing election laws, and that the
Democratic Party of New Mexico should have been
obliged to follow election laws set forth by the
State of New Mexico in conducting their election.
And, that the City of Truth or Consequences, and
Sierra County participated in the Feb. 5th
Democratic election to the extent buildings and
supplies were provided which allowed the election
to be carried out. They, too, should have
obligation.
6. The VII District Court
The complaint was reviewed by Staff Attorney,
Mercedes Murphy who said the VII District
Attorney's Office did not have the resouces to
conduct an investigation, and that only the New
Mexico State Police could do so. And, until an
investigation was conducted, she could not take
action.
7. The New Mexico State Police
Now, June '08, and both the Feb. 5th Democratic
Election, and the Mar. 4th T or C Municipal Election
had been held. A further review was conducted,
and more unethical and alleged illegal conduct,
including, voter fraud, was found (against the
Caucus Site Judge from the Democratic Election on
Feb. 5th). Evidence was given and reported to the
New Mexico State Police for an investigation.
Officer Andrew Laux accepted the complaint.
Four months went by where seven different
attempts of inquiry were made to Officer Laux.
Phone calls were made, messages left on
his answering machine, and email was sent
by NMSP Dispatch to Officer Laux, but no
response was offered.
Not until an organizer for possibly recalling Steve
Green from office, happened to run into the NMSP
Officer at a local convenience store (where he was
informed that media attention regarding the
complaint may be forthcoming) did he take any
action. The action was a message left on a
telephone answering machine saying he didn't
believe the complaint was within his authority to
do anything about, and that he returned the
complaint to the VII District Court.
8. Truth or Consequences Municipal Court
At the same time, evidence was submitted to
NMSP for investigation, complaints were also
submitted in T or C Municipal Court for political sign
ordinance violations.
During the T or C Municipal Election campaign,
Jan. 8 - Mar. 4, '08, Steve Green was in violation
of the NM State Highway right-of-way distance
requirements for placement of political signs
(which the Election Handbook for the 2008 T or C
2008 Municipal Election included).
A written complaint was sent to the Election Clerk;
nothing was done about it, and Steve Green left
his political signs in violation throughout his
campaign, as did some of his supporters.
After Steve Green won Position #5 of the T or C
City Commission, his political signs stayed posted
after the legal time allowed (T or C City Ordinance
for Political Signs -limit of 10 days after an election,
thereafter subject to $10 fine per sign, per day).
Business property owners Margo Donaldson and
Samuel Ace, Carolyn Bard, and David Packard and
Paul Maslowski all had Steve Green political signs
posted in their building windows and/or on
highway right-of-ways at their business property -
some for long as45 days in violation of T or C's
Political Signs and Posters Ordinance.
City Attorney, Jay Rubin, denied a complaint
submitted to T or C Municipal Court, saying that
City Inspector Chris Nobes advised that to pursue
the complaints would constitute poor
use of
municipal resources.
Yet, a clearly written ordinance exists, and was
adopted into City Ordinances as a means to
regulate election conduct within the City of T or C.
Why the contradiction? And, if an ordinance is not
going to be enforced, then why have the
ordinance?
Perhaps all the other candidates
for City
Commissioner could have had an advantage
like Mr. Green if they had ignored
rules, violated
ethics and broken laws? Is this fair?
Really?
Was it a "coincidence" that the signs inside all
the businesses came down within days of the
complaint being filed with the T or C Municipal
Court? Isn't it ironic that the current smear
campaign trying to make the recall petitioners
look wrong in the media was launched by Margo
Donaldson and Samual Ace?
9. Truth or Consequences City Commission
Because of now obvious bias, refusal to take any
responsibility for enforcing laws, and likely political
maneuvering going on within the judicial system,
a direct request for Steve Green's resignation
was
made to the T or C City Commission on the
basis of
ethics. (Nov. '08.)
It was reasonable to make such a request to
an entity that could have an ethics ordinance, or
rules of conduct for elected officials, and political
candidates.
The judicial system to this point had failed to take
responsibilty to hold Mr. Green accountable for
what some described as criminal conduct, and
many agreed was at a minimum, highly unethical
conduct.
Mr. Jaime Aguilera, T or C City Manager, refused
to consider Steve Green's resignation saying the
City Commission was not the "correct forum".
It was confirmed that the City or T or C does not
have an ethics ordinance for elected officials, nor
for political candidates during an election or
campaign period.
City Clerk, Mary Penner, confirmed, and also
Staff Attorney, Randy Van Vleck of the New Mexico
Municipal League, re-affirmed, that municipalities
who don't have ordinances would be obliged to
follow state laws as provided under the New
Mexico State Statutes (Annotated 1978).
Recall petitions
were taken out on December 2, '08
to seek the involvement of registered T or C
voters because New Mexico State Law allows
such
a process to give voters a clear option
to voice their
position. If enough signatures
could be obtained,
Steve Green would automatically be forced into
a
recall election (which is now happening).
The
voters will now determine if Steve
Green should be
allowed to keep Position #5 of the City Commission.
10. Truth or Consequences Police
Department
Don Francisco Trujillo II , Deputy Secretary
of
State, wrote in Jan. '09, that statutory jurisdiction
did not fall to the State, but back to the City or
Truth of Consequences for prosecuton of the
election matters.
Mar. '09, Chief Russel Peterson, T or C Police
Department said that his office is not trained to
handle the prosecution of election law violations,
including voter fraud found in the T or C Municipal
Election, nor do they have the resources. And,
unless and until the New Mexico Attorney General,
in writing, requires his department to do so,
they will not act.
BREAKING NEWS: Mar. '09, The New Mexico Attorney General has
confirmed that their office is working in conjunction with the Secretary of State to formulate a new process whereby complaints
such as the ones described on this website, involving multiple jurisdictions and/or elections will be entitled to a full investigation.
April '09 - Letter, sent certified mail from the Deputy Secretary of State, has apologized for the delay of investigation,
and stated they are now ready to proceed with a new process. The process is for the purpose of investigating numerous
complaints received regarding the 2008 Democratic Presidential Preference Caucus, and additional ones as described on this
website involving multiple elections, specifically the 2008 Democratic Presidentail Preference Caucus and the simultaneous 2008
Truth or Consequences Municipal Election.
