Lawsuit against county once more denied

PORTALES - Roosevelt County commissioners on Tuesday received a bit of good news when County Manager Amber Hamilton informed them that the sheriff's office was no longer the target of a lawsuit.

Hamilton said the lawsuit was appealed to the New Mexico Supreme Court after being denied by District Judge Fred Van Soelen in July 2017.

The lawsuit, filed by attorney Eric Dixon on behalf of criminal defendants Cody Banister and Armando Pena, as well as a mother of a woman killed in a car chase involving the sheriff's office, was rejected again when Chief Justice Judith Nakamura ruled to uphold the district court ruling, according to Hamilton.

She heaped praise on County Attorney Randy Knudson, who represented the county at the district and state levels.

"I just think that is amazing. I wanted to share very encouraging news of receiving that, and again, express really thoughtful and genuine kudos to our county attorney for doing so great," she said.

Knudson thanked Hamilton, but noted that the lawsuit was "frivolous."

"Thanks to the judge for seeing through the nonsense, because it was nonsense. It was nonsense from the start, and it should have never been filed. Thank you for your kind words, but you all pay me for what I do, so thank you very much for letting me do that."

Sheriff Malin Parker also spoke, thanking Knudson as well as the county for supporting him.

"It's tough getting attacked like this constantly from the same person, but I really, really appreciate y'all standing with me on this. Thank you all, and thank you, Amber, too," he said.

Dixon said he probably would not ask for another hearing in the supreme court, but added that a federal civil rights lawsuit against Parker is pending.

"(The denial of the lawsuit) doesn't negate any of the facts that have been brought forth regarding his (Parker's) improper and illegal running of the office. He's got a primary opponent, and that's where it will be sorted out now," Dixon said.

Also at Tuesday's meeting:

• Commissioners approved an application for a $27,800 Law Enforcement Protection Grant for the Roosevelt County Sheriff's Office.

Parker said the money is used for training and some equipment.

"It's just a renewal that requires your signature and your approval," he said.

• Parker reported to the commission that his office has temporarily implemented 12-hour shifts for officers to extend coverage in the county.

"We're gonna try this for three months to see how it works in order to extend our coverage, so we're not having guys go off at 2 and nobody back on 'til 7. Instead, we'll have guys out 'til 4, to help cover that extra time," he said.

• Commissioners approved an expanded list of state roads in Roosevelt County that are in need of repair.

Additions since the last meeting included an expanded definition of why the road was being included, as well as new roads, including sections of New Mexico 458 and New Mexico 60-84, according to Hamilton.

The list will be submitted to the New Mexico Department of Transportation, which encourages the public to suggest improvements.

• The commission approved an annual resolution to set fees, rates and costs in the county.

Hamilton said that some new fees were added, including the creation of custom maps.

"The goal is just to set universal fees, charges and costs for all the services that are rendered in all the different offices and departments, so that it's consistently enforced," she said.