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LovingtonOnline.com

Lovington, New Mexico

Neil's blog

  • Granath Defeats Recall Effort

    September 27, 2007 -- Neil Granath retained his seat as Lovington City Commissioner, District 3 with 122 votes against the recall and 107 for the recall.

    Commissioners canvassed the results Thursday afternoon, making it official.

    "Thanks to all my supporters who came out to vote against the recall," an elated Granath said after the announcement at City Hall.

    A recall election to remove Commissioner Troy Harris and Mayor Dixie Drummond is scheduled for Nov. 20, 2007.

    Click here to read more on the recall at KOB.com.

    Click here to read it at the Albuquerque Journal website. (same story but with quotes)

  • Illegal Ballot Forces Granath to File Injunction

    September 21, 2007 -- When Commissioner Neil Granath's Spanish-speaking friends and constituents called him Tuesday night to inform him that the Spanish interpretation of the recall ballot was an incorrect translation, Granath immediately notified Lovington City Hall of the error first thing Wednesday morning, September 19, 2007.

    As is, the ballot reads

    0 For the recall / Para el recuerda

    0 Against the recall / Contra el recuerda

    The problem is that the verb recuerda is a form of the verb "to remember," so in Spanish the ballot reads "For to remember" and "Against to remember." State law requires that a ballot be translated in both English and Spanish, and that a recall ballot specifically read "For the recall" and "Against the recall," which clearly makes this ballot in violation of state law.

    With attorney Barry Crutchfield, Granath filed an injunction to temporarily suspend the election in Fifth Judicial District Court Thursday morning, September 20. That motion will be heard Monday at 3 p.m. in Carlsbad.

    It is the official position of the city attorney, however, that the election continue, even with a flawed ballot.

    Regardless of the outcome, Granath is urging all his supporters to make sure they vote AGAINST the recall this Tuesday, September 25, at City Hall, 214 S. Love Street.

  • Granath Response to Recall

    JUNE 22, 2007 -- On Friday morning, a few Lovington citizens turned less than 50 signatures requesting a recall election on District 3 Commissioner Neil Granath. It’s the first time a recall election has ever been requested on a Lovington city commissioner.

    The petition was received by City Clerk Rhonda Jones. Next, the clerk will present the petition to the city commission during Monday’s meeting asking the commission to authorize her to certify the petition by verifying the signatures.

    According to state statutes, in order to request a recall election, citizens must gather signatures from more than 20 percent of the number of voters in District 3 who voted in the previous regular municipal election.

    “I’m glad to see Lovington citizens exercising their democratic rights,” Granath said. “They have the right to hold their city officials accountable. That’s always been my argument. That’s always what’s been lacking in our form of government.

    If the petition is certified, the clerk will then ask the commission to set a date for the recall election. The timeline for the election must allow enough time for Lovington citizens who live in District 3 to register to vote and vote by absentee ballot.

    “I’ve been working on so many changes and more accountability in our city government, and there will always be a select few against change of any kind,” Granath said. “At least there’s less apathy.

    “I’ve had so many calls of support from my constituents who were asked to sign the petition but refused,” Granath said. “I really appreciate their support.

    Granath said none of the citizens gathering the signatures have spoken to him directly about their reasons for the request for a recall election. But through others, he’s heard that the main reason the petition has been started is because they say he is trying to get rid of City Manager Pat Wise.

    “That’s ridiculous,” Granath said. “I’m trying to hold the position of our city manager accountable to the citizens of Lovington, no matter who holds the job. I’m trying to give our city back to the citizens – all the citizens – and not just a select few who have controlled our city government for decades. Because our city manager is not elected by the public, the state statutes clearly state that the city commissioners have the responsibility to hold him accountable. And apparently, that increased accountability is rubbing some people the wrong way.

    “I poll my constituents all the time, and I feel confident my work represents the majority opinion of those I represent,” Granath said. “If the petition is certified, ultimately, it’s the voters who will get to decide, as it should be.

    Granath encourages all of his constituents to come by his house, call him at home, or email him with their questions or concerns: 718 W. Avenue I, 396-1802, neil@lovingtononline.com.

    Granath was elected to a four-year term in March, 2006.

  • Neil Granath Position Statement

    To the Editor:

    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

  • Letter to Editor on Swimming Pool Site

    To the Editor:

     

    Is it in the best interest of Lovington’s citizens to build a $2.3 million swimming pool on top of an old pit?

     

    That’s the question I asked myself when I found out the city’s proposed swimming pool location at the northeast corner of Chaparral Park was an old pit where potentially cancer-causing chemicals had been dumped in the mid-1990’s, along with other debris.

     

    I first brought my concerns to Pat Wise, city manager, in November, 2006, and we discussed it in open meeting. However, it wasn’t until the New Mexico Environment Department received multiple anonymous complaints about dumping there that a thorough investigation of the site was conducted. The NMED investigates all complaints, anonymous or otherwise.

     

    At their invitation, I attended a preliminary investigation/meeting with one of the anonymous complainants and an NMED representative on June 5. I agreed to honor the request of the individual and keep their identity anonymous to prevent potential repercussions. My role in the meeting was for the purpose of gathering information. Prior to this meeting, I had received conflicting information: Mr. Wise stated the pool site was 150 feet from the pit while the complainants who were directly involved in the dumping stated the pool will be built right on top of the pit. I attended the meeting with the hopes of finding the truth.

     

    The NMED’s findings, released Tuesday, did not find any unacceptable levels of hazardous materials, but the findings stated “several borings showed misc. buried debris,” indicating a pit is indeed directly under the pool site. The NMED wants a condition included in the pool permit that states that if, during the excavation, questionable debris is discovered, then additional testing would be warranted.  Clearly this issue will need to be addressed with the city’s contractor.

     

    Finally, at Monday’s city commission meeting, Rita Staton, in an attempt to discredit me, accused me of withholding information from city officials and my fellow commissioners, misrepresenting the city and the commission, and increasing the city’s liability on this issue. On withholding information: I am on record bringing my concerns to the city manager in November. On misrepresenting the city: Since when does a concerned citizen need permission from the city manager or commission to find out what’s really happening in their city? As a commissioner, I see it as my responsibility to be more proactive than a normal concerned citizen. On liability, I see the city is liable in three areas: First, the pit is an unauthorized landfill; second, if there was hazardous waste found in the pit, contractors building the pool and children using the pool could potentially be exposed to these hazardous chemicals; and third, building a heavy, concrete structure full of water, such as a swimming pool, on top of unstable ground would cause settling, in the EPA’s estimates, about a foot every 10 years.

     

    By attending the June 5 meeting, I did not increase, in any way, shape, or form, any of these liabilities to the city. The liability has been there since the day the city began using it as an unauthorized landfill over 10 years ago. In fact, if hazardous waste was discovered in the testing, the liability to the city would have been decreased because it would have prevented contractors building the pool, and children playing in the pool, from being exposed to a serious health hazard. Also, now that it has been indicated that the pool will be built on top of a pit instead of solid ground, the city can reduce their liability by requiring the contractor to take necessary measures to prevent future settling and damage to the pool.

     

    I would like to close by applauding Ms. Staton on sticking by her longtime friend and confidant Pat Wise and her willingness to attend commission meetings and address the commission about her concerns, however misplaced. I invite all Lovington citizens to use the public comment time at our meetings to address the commission as a body, as outlined in the city’s municipal code. Anyone wanting to address me directly, I encourage them to contact me at 396-1802 or my email, Neil@LovingtonOnline.com.

     

    Sincerely,

     

    Neil Granath

     

    Published in the Lovington Leader and Hobbs News Sun.

Copyright 2007, Neil Granath
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