County might have violated state's Open Meetings Act
Phaedra Haywood | The New Mexican
Posted: Thursday, August 21, 2008
- 8/22/08
     
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Santa Fe County spokesman Stephen Ulibarri admitted Thursday that the county has not been following its own rules when it comes to properly posting agendas for upcoming meetings.

Ulibarri's statement came after local radio station KSFR alleged the county violated the Open Meetings Act by failing to post a notice or agenda for a Community Development Review Committee meeting held Aug. 5.

The station's reporters missed attending the CDRC meeting — at which an attorney hired to advise the county on oil and gas development spoke — because information about the meeting was not posted on the county's Web site, KSFR said Thursday.

When first contacted by The New Mexican, Ulibarri said the county did not have a legal obligation to post notices on the Web site. He said the county had complied with the law by posting a legal notice in the newspaper.

But upon closer examination of the county's own resolution on the topic, Ulibarri acknowledged it requires agendas be posted online three days before meetings.

Ulibarri said the requirement is not a state requirement but one the Board of County Commissioners voluntarily imposed in January. He said he didn't know before Thursday that the county had violated the resolution. From now on, Ulibarri said, all agendas will be posted online in compliance with county policy.

KSFR news director Bill Dupuy said the station's reporters had tried days before the meeting to find out when the next public discussions regarding oil and gas development would be held. But Ulibarri didn't notify them about the meeting until after it had taken place.

Ulibarri also admitted Thursday that Dupuy's charge that the CDRC meetings hadn't been posted online since March was also true. Ulibarri said the county has been redesigning the Web site, the requirement to post on the web was a new one, and no systems were in place to carry it out.

The station has asked the Attorney General's Office to determine if the county violated the Open Meetings Act. "My question for the AG is," Dupuy said, "with this long period of time and the absence of the legal notification, ... does that invalidate any of the decisions and recommendations made by the CDRC?"

Ulibarri said the CDRC is a recommending body and doesn't set policy or make legally binding decisions.

Attorney general spokesman Phil Sisneros did not respond to phone messages seeking comment on this issue Thursday evening.

Contact Phaedra Haywood at 986-3068 or phaywood@sfnewmexican.com.






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