Decision on building inspectors in Clovis' hands

PORTALES — The fate of a memorandum of understanding between Portales and Clovis will be in Clovis’ hands after the state demanded a piece of the action.

Councilors on Tuesday approved amendments to the MOU requested by the New Mexico Construction Industries Division, with the stipulation that all requests for building inspections would be directed to the state until the changes are approved by Clovis.

The MOU in question would allow Portales to use Clovis’ building inspectors — because the community doesn’t have four building inspectors as required by the state — but CID stepped in, according to County Attorney Steve Doerr.

The additions include language prohibiting the city of Clovis from inspecting public buildings.

“These are all requirements that I think they’re imposing on the city of Clovis building inspectors, and it’s nothing that isn’t really in state law. They just want to reiterate it by putting it in our MOU,” Doerr said.

However, Doerr indicated that Clovis may have some reservations about the revisions after speaking with Clovis City Attorney David Richards.

“He indicated to me that he thought this is making a precedent; that statute doesn’t require or allow CID approval. If we start putting it in now, that means we’re acknowledging that CID has approval on everything the city of Portales wants to do or everything the city of Clovis wants to do. His fear is it’s a slippery slope once you acknowledge that CID has control over everything,” he said.

Councilor Jessica Smith said she felt most of the changes were already implied.

“They were never going to inspect our public buildings. Are we really just concerned that Clovis isn’t gonna like it, and that’s why we’re unsure about how this is going to proceed if we approve?” she asked.

In spite of Clovis’ fears, Portales City Manager Sammy Standefer recommended approving the additions and letting Clovis make its decision.

“We’ve seen a plumber not able to get gas turned on because (CID has) already contacted the gas company. I think for the meantime, we’ve been able to resolve that particular complaint, but you gotta realize that the CID has control of the utilities ultimately, so without an official court case or something, they can easily call the electric company, gas company and even water to withhold some of those services,” he said.

Standefer advised the council to send the MOU to Clovis for a recommendation, but pass on inspection requests to CID in the interim.

“That way, it protects our contract. If we recommend they permit it through Clovis and we run into a wreck, if you will, then the only one that suffers is that home owner or that contractor,” he said.

Doerr added that CID Legal Counsel Sally Galanter told him that anyone that has delays on permits should contact her through the city.

“We’ve got her direct cell phone number. She wants us to contact her if there’s any more problems,” he said.