I am writing in response to a letter to the editor published in the Sunday, August 26 edition of the News-Sun signed by Ernie Robinson.

First, Mr. Robinson states his opinion of what he believes to be the duty of a city commissioner. Mr. Robinson believes that all a city commissioner is to do is to “set policy”. And, I understand why Mr. Robinson believes this way. In the past, Lovington city commissioners have basically been a rubber stamp committee for the city manager. But, setting policy is not our only duty. The duties of a city commission are clearly spelled out in the following New Mexico State Statute:

3-14-12. Powers vested in commission; duties of commission.

A. All powers of the municipality are vested in the commission. The commission shall: 1)     pass all ordinances and other measures conducive to the welfare of the municipality;

2)     perform all acts required for the general welfare of the municipality; and

3)     in addition to the office of manager, create all offices necessary for the proper carrying on of the work of the municipality.

B.     The commission shall appoint a manager and shall hold him responsible for the proper and efficient administration of the municipal government.

Second, Mr. Robinson states that I do not agree with a city manager position. I am not against a city manager position. But, I am against a city manager running our city on a day-to-day basis without being directly accountable to the public. In our commission-manager form of government, the position of authority the public deals with on a daily basis is the city manager.

If I had my choice, I would prefer a mayor-council form of government where the mayor, elected by the public, runs the city on a day-to-day basis. I am not against a city manager working under the mayor as an executive administrator. But, to change from a commission-manager form of government to a mayor-council form of government would take a petition signed by 30% of Lovington voters followed by a special election.

Mr. Robinson’s argument against a voter-elect mayor is that the public could not be trusted to vote on someone based on their experience, qualifications or capability. Yet, in the same sentence, he states that I was against letting the voters decide whether or not an ordinance change was necessary which would make our city manager position an at-will position.

I am not against letting the voters decide on any ordinance change. What I was against was Commissioner Harris’ suggestion that the commission establish a referendum which would put the ordinance change to a public vote. Commissioner Harris made this suggestion on the night the commission was to make the ordinance change official. The process of establishing such a referendum is not the duty of the commission. The process is clearly spelled out in the following New Mexico State Statut:

3-14-17. Commission-manager; referendum; subjects petition; election; effect; repeal of emergency measure.

A.     If within thirty days following the adoption of an ordinance or resolution, a petition, signed by the qualified electors in a number more than twenty percent of the average number of voters who voted at the previous four regular municipal elections or more than twenty percent of the number of voters who voted at the previous regular municipal election, whichever is the greater, is presented to the commission asking that the ordinance or resolution in question be submitted to a special election for its adoption or rejection, the ordinance or resolution shall become ineffective upon verification of the petition and the commission shall within ten days of verification adopt a resolution calling for the holding of a special election on the measure within ninety days of the verification of the petition

Third, Mr. Robinson suggested that I should call for a closed session with my fellow commissioners and divulge the identities of the persons who filed an anonymous complaint against the city with the New Mexico Environment Department regarding the unauthorized landfill that exists where the swimming pool is going to be built. That quite simply would have violated the NM Open Meetings Act, which clearly states all meetings of the city commission must be open to the public (with a few limited exceptions, none of which apply in this situation.

Finally, Mr. Robinson is under the impression that the NMED has cleared the swimming pool site for construction. That, also, is not true. Ron Goldstein of the NMED Hazardous Waste Bureau stated in an Aug. 2 letter that the Hazardous Waste Bureau has no reason to halt construction at the pool site based on the core samples taken at the site. However, the Solid Waste Bureau of the NMED is still investigating the site as an unauthorized landfill and to date has not cleared the site for construction of a pool.

In closing, I’m not sure why the efforts I have taken to simply gather information about the things happening in our city has so infuriated Mr. Robinson to the extent he felt a need to turn in a recall petition. I take the position of being a city commissioner seriously and as long as I am a commissioner, I intend to fully represent my constituents. If I didn’t have constituents concerned about the issues I’m bringing up, then I wouldn’t be bringing them up.

Having a well-informed commission helps return the powers of the municipality back to the legislative body of the city – and ultimately the public – where it belongs. Is that what Mr. Robinson is afraid of?

Neil Granath

City Commissioner