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P.O. Box 246, Capitan, NM 88316 Phone: 505-354-2247 Fax: 505-354-2713

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Mayor's Report

Will Rogers said, "I don't make jokes. I just watch the government and report the facts." It's no secret I'm not happy with Lincoln County Solid Waste Authority (LCSWA). Every week I pick up what's becoming the Lincoln County Solid Waste News and read more trash about trash. I'm tired of reading about everyone losing their jobs and the other crafted spin. Stories spurred on because questions are being asked. This "spin" is nothing more than a feeble attempt to stop the questions. So here are the facts. They're not funny but it is your money and you need to know. I've highlighted the dates, allowing you to check the records and minutes of meetings.

On June 13, 2000, LCSWA asked Capitan to forgive a $20,601.00 debt for the sale of the landfill. Trustee Montes tabled the request until the landfill was closed. Trustee's Montes and Whitaker voted yes and Trustee Coker and Trustee and Chairman of the board for LCSWA Ingle voting "no". Mayor Renfro broke the tie and the motion passed.

LCSWA meeting of September 25, 2001, after feeling heat from the public, "Chairman Ingle reported that there seems to be a misunderstanding among some of the members of the entities and she would like the Newspaper and anyone else who need to know that this LCSWA Board has done nothing wrong in placing her in charge of this Authority and granting to pay her money based on $20,000.00 for expenses." Yet the Joint Powers Agreement (JPA) clearly states otherwise when it says, "No member of the Authority shall be employed by the Authority. "

In the October 29, 2001, meeting LCSWA decides to advertise for a Operational Supervisor, the salary is $20,000.00 per year. Then on November 16, 2001, as if by magic, Debra Ingle appears on the LCSWA payroll records as the Operational Supervisor. Without any kind of vote from the LCSWA board to hire her.

On November 20, 2001, at her first meeting of LCSWA as Operational Supervisor, Ingle brings a new employee manual to the board. In this manual the Operational Supervisor's job has been changed from an "at will" job to an employee. Meaning the board can not vote to remove her. When I asked the LCSWA attorney about this change he advised me the Operational Supervisor was "at the will of the board". The manual was changed and the attorney was not aware.

In the December 18, 2001, meeting of LCSWA Debra Ingle is quoted, "It was pointed out that the salary increase to the Operational Supervisor was discussed during the job interview, with the supervisor being hired at a minimal salary of $20,000, due to the financial situation of the Authority at that time, and a possible increase in salary if the money was in the budget at that midyear budget revision, which it now is." After only 21 working days Ingle received a 100% increase in salary to $40,000.00 per year. After giving her a $20,000 raise the very next item on the LCSWA agenda was discussion of Capitan forgiving the $20,000.00 debt.

At the June 14, 2002, LCSWA meeting, "member Vega requested a copy of the Authority's Board Minutes which approved the hiring of Ms Ingle as LCSWA Operational Supervisor." The Lincoln County News beat Vega up for asking questions. When all Vega wanted to know was, who hired Ms Ingle? The same question I would like answered.

In July the Capitan Board of Trustee's asked an outside attorney, since our Village Attorney was also the LCSWA attorney, who has the rate making power for trash pick-up. In a July 22, 2002, letter to the Village Attorney Steve Bell wrote the rate making power fell to our board of Trustees and the LCSWA could not set a rate higher than the ordinance. On September 1, 2002, I lowered the trash rates to $9.25 as the ordinance states from the $ 12.00 set by the LCSWA. In a September 10, 2002, the Capitan Trustees set the trash rate at $12.00

As I read the minutes of LCSWA I saw Vega asking who hired Ms Ingle? When I questioned how she obtained the job I was told there were "no other qualified applicants". I called and asked to see all applications for that job. After a week of fighting and being told I couldn't see the file I drove to LCSWA and acquired the files. I learned 4 others applied for the job of Operational Supervisor. I called all of the names and was only able to contact 2 of the 4 applicants. Both applicants, who never met each other, gave me the same accounting. Both wrote and signed letters on October 1, 2002, laying out the facts. Both say in their interview for the Operational Supervisor's job they were told by the interviewers they were "over-qualified' for the job and that it would never pay more the $20,000. Both told me there were angered by the way this job was filled but felt they had no where to go with a complaint. They both said what made them the maddest was that after less than, a month on the job Ms Ingle received $40,000.00.

In the September 9, 2002 meeting the Trustee's asked LCSWA to give us a proposal to take the billing from the Village. The Village loses money on the billing when someone doesn't pay. No matter what we collect LCSWA gets paid. In a October 4, 2002 letter signed by Ms Ingle she says it would cost LCSWA, (are you sitting down?) $47,988.05 per year to take the billing that we now do for them. However, LCSWA will only allow your Village $3552 per year to do this job. We do the job $44,436.05 less than they say they need. It should be noted they do the county's billing. I have not seen $47,988.05 on the books to do their billing. In the past I asked for an increase to do this job for them but LCSWA turned the request down.

During the October 15, 2002, meeting, of LCSWA I asked the following; Why I was told there were no qualified applicants? Why would Ms Ingle say in the December 18, 2001, LCSWA meeting that the increase was discussed with the applicants and the applicants say they were told the job would only pay $20,000? Why was Ms Ingle allowed to be Chairman of the board and also work for the Authority for $20,000, when the JPA reads, 'No member of the Authority shall be employed by the Authority"? Who hired Ms Ingle? The same question Vega asked on June 14,2002. No answers came. Instead, Leo Martinez, made a motion to hire Ms Ingle and Don Coleman seconded. Corona, Carrizozo and Capitan abstained. Chief Vega and I stated the action was illegal, leaving our village opened to be sued. With 5 members present, Martinez and Coleman voted yes and Chairman Coleman said the "motion carried." Yet, the JPA reads, ... since the majority vote of those members present is required to take action." It says a majority of those members present not of those voting There were 5 present during the vote, Ms Ingle received 2 votes, she needed 3 to be hired. I've called the Municipal League and the AG's office, both tell me the motion did NOT pass.

I've tried to be "politically correct" but nothing is politically correct that is morally wrong. One question remains, the question Vega asked on June 14, 2002 - who hired Ms Ingle?

Steven M. Sederwall Mayor


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