State officials working to address Sunland Park ‘disarray’

The March 6 election will go on as planned, and mayoral candidate Daniel Salinas will remain on the ballot. State and federal officials and investigators are working to ensure the integrity of the election and city government.

Following the arrests of the Sunland Park mayor pro tem and city manager, the state auditor plans to speed up his probe of city finances, the governor says she’s prepared to intervene, and the secretary of state has traveled south to look into election complaints.

The city’s March 6 election will go on as planned in spite of the arrests of Mayor Pro Tem Daniel Salinas, one of three mayoral candidates, and City Manager Jaime Aguilera, who both remain jailed on extortion charges stemming from allegations that they used a lap-dance video to try to force one of Salinas’ opponents to drop out of the mayoral race.

Secretary of State Dianna Duran, who will be in Sunland Park today, was quoted by the Las Cruces Sun-News as saying she’s “very concerned” about the election but doesn’t have the authority to cancel it.

Meanwhile, State Auditor Hector Balderas, who announced last week that his office would conduct a special audit of the city’s finances, says he’ll speed things up. State law allows the Department of Finance and Administration (DFA) to temporarily suspend city officials and take control, but only if a special audit justifies it.

“The arrests of the city’s top management are certain to plunge the city’s financial situation into a state of further disarray,” Balderas told NMPolitics.net. “I’m extremely concerned by these developments, and my auditors will move with increased speed to address the significant risks to taxpayer dollars.”

Gov. Susana Martinez “is very concerned about the apparent lack of stable and viable leadership in Sunland Park, and she supports efforts by the auditor’s office to provide a swift, preliminary understanding of whether taxpayer dollars are being appropriately spent,” spokesman Scott Darnell said.

He said if the auditor finds “fraudulent misappropriation or embezzlement of public money or another statutory basis for suspension,” then the governor can – “and will” – direct DFA to suspend certain officials and “assign state personnel to perform the suspended officials’ duties.”

“It’s incredibly unfortunate that this course of action must be pursued, but it’s a direct result of the serious pattern of alleged misconduct by certain individuals holding positions of public trust in Sunland Park,” Darnell said.

City officials work to hold things together

Meanwhile, city officials who aren’t in jail are working to hold things together. The Albuquerque Journal quoted City Clerk Liz Gamez as saying municipal operations and services continue as normal.

“Our department heads are here, so city business continues, the elections continue,” the Journal quoted Gamez as saying.

Mayor Martin Resendiz showed up for work on Monday for the first time since October, the Sun-News and KTSM-TV in El Paso reported. Resendiz, who will leave office in a few weeks, “wanted to make sure the city was still working for its people,” KTSM reported.

The election does continue, but the charges against Salinas create uncertainty – beyond that of a normal election – about who will be running the city in a few weeks. Salinas will remain on the ballot and voters will decide whether to elect him, but convicted felons can’t hold office in New Mexico. If elected and then convicted, he would be removed from office.

Even before the criminal case is resolved, once Balderas completes his audit it may be possible for DFA to remove Salinas from office, if he’s elected mayor.

Secretary of State Chief of Staff Ken Ortiz said the office is watching closely and investigating the situation. The office is also looking into several other election-related complaints, but he didn’t provide details.

More to come?

There may be more to come. Two other city employees have already been charged in the extortion case – Public Works Director Jesus Dario Hernandez and Martah Alondra Lozano, an assistant temporary human resources employee – but have not yet been arrested. Law enforcement continues to look for them.

District Attorney Amy Orlando has said the arrests of Salinas and Aguilera have led to additional tips about potential crimes, and law enforcement is following up. The next step in the case against the four already charged is for Orlando’s office to present the evidence to a grand jury.

And the FBI is still investigating city contracts, but details about what they’re looking for remain secret.

For now, the most immediate steps are Duran’s work to ensure the integrity of the election and Balderas’ special audit. Duran plans to have staff in Sunland Park on March 6 to monitor the election.

In addition to sharing information with DFA, Balderas said he will “fully brief and assist federal, state and local law enforcement and oversight agencies as our audit progresses.”