Greg White
Los Alamos resident Greg White has filed another suit against Los Alamos County Council, this time adding County Manager Harry Burgess, Chief of Police Dino Sgambellone, County Attorney Alvin Leaphart and Assistant County Attorney Katie Thwaits to the list of defendants.
A previous petition for writ of prohibition filed by White last October in the Supreme Court was denied. That petition asked the Court to prohibit the Council from “neutering” Sheriff Marco Lucero and stop the Council from harassing the Sheriff until the court heard White’s case.
He also asked the court to mandate the Council to restore the “statutorily required” undersheriff and executive secretary and order the County’s human resources department to recognize as required by statute that they are “not merit system employees”.
White’s third request was that the Council amend the FY2018 budget to add $225,000 to the sheriff’s office for salaries, provide ongoing training at the New Mexico Law Enforcement Academy, modern two-way radios and a county-owned patrol vehicle “equipped as any other sheriff in the state has”.
The latest case, filed Jan. 12 in First Judicial District Court, asks the court to order the Council to stop inserting words into the County Charter and to follow the Charter as written. It asks that the defendants be enjoined from violating White’s rights to “fully functional elected law enforcement including a sufficient budget and personnel necessary to accomplish his duties”.
“As a candidate for sheriff in this year’s election (which necessitates an expeditious decision and time for appeal by the losing party resulting in a final decision by March 13, 2018, the day political party candidates must register, just over two months away) how can someone run for an office with an ever changing job description and no staff or funds,” White’s suit states.
White’s petition states that two current injunction cases before Judge Francis Mathew have been “dragged on for four months now and are no closer to resolution due to inadequate counsel for the sheriff and delay tactics by the County than they were on day one”.
The suit also questions the legality of Los Alamos Police Department officers operating in Santa Fe County under the current memorandum of understanding between the two agencies. It also alleges violations of the Open Meeting Act by the Council twice on July 26 and again on Aug. 17 when they “approved $1.2 million for hockey rink improvements, which were not on the agenda”.
The suit also alleges violation of oaths and fiduciary responsibility to taxpaying citizens by the County for allowing and “failing to disclose as shown in the 2016 budget that the County has twice the debt allowed”, $53 million. It states that on another page in the budget it is indicated that the County is $71 million in debt.
“This means the County is bankrupt,” the suit states.
The County Comprehensive Annual Financial Report for the fiscal year ending June 30, 2017, which was presented at last week’s Council meeting, reflects a General Fund balance of $17.8 million.
Los Alamos County Attorney Alvin Leaphart declined to comment on White’s suit saying his office does not comment on pending litigation.