and rules that the Governing Body needs to take training with respect to this matter.
Governing Body votes and approves audit with several findings during their special meeting held on Monday, April 29, 2024 meeting with several audit findings.
Lead Counsel for Mayor Diana Murillo withdraws as attorney of record in the lawsuit to remove fellow Mayor PRo-Tempore Gabriel I. Holguin
Anthony, New Mexico –During the April 29, 2024, Trustees approve the audit findings regarding the 2023 year. All members but Trustee Daniel Barreras voted against the findings. The Board had 7 findings to include wrongfully hiring the Interim City Manager at the time, Mario Juarez-Infante. The governing body did not discuss or appoint an interim City Manager until May 12, 2022 while the prior City Manager's termination went into effect on March 17th. Per City ordinance 2019-002, an Interim Manager should be voted on by the next Trustee meeting. BMC noted the next meeting was held on April 7, 2022 and the interim City Manager was not discussed. Other matters include that the Board of Trustee meetings are not following the approved order. Moreover, it was also noted that the agenda for the September 26, 2022 board of trustee meeting was sent 3 days prior to the meeting and not at least 5 days as required. Additionally, the board failed to hold budget workshop meetings required by them by resolution 2022.001 Section 4. It is also noted that no controls exist in preparing the agenda to include action items proposed by trustees. With regard to finance, The 3rd quarter financial report was submitted four days late to the Department of Finance and Administration. Deadline to submit was on April 30, 2023 while final report was submitted on May 4, 2023; among other financial matters. This audit comes after the fact that Board members reached out to several state agencies with respect to Mayor Murillo's Administration.
Subsequently, the New Mexico Department of Justice Rules that the City of Anthony violated the Open Meetings Act during the August 7, 2023 Meeting and rules that the Governing Body needs to take training with respect to this matter in a complaint filed by Mayor Pro Tempore Gabriel I. Holguin. The filing, by a member of the Governing Body attending a closed session on that date, raised the issue of whether the Governing Body discussed the alleged improper private use by the Mayor of a public vehicle in closed session. The Governing Body had purported to discuss the matter in closed session as a “personnel” issue “regarding the vehicle use policy” as noted in the agenda for the August 7th meeting. The Governing Body is now required to attend the next Open Meetings Act Training.
Lastly, the lead attorney for Mayor Diana Murillo, Zacary L. McCormick of Modrall Sperling withdraws as attorney of record for Mayor Murillo in the lawsuit that was filed in April of 2023 in an attempt to remove Mayor Pro Tempore Gabriel I. Holguin from office.
Please see attachments.