{"id":187721,"date":"2016-09-19T18:06:26","date_gmt":"2016-09-20T00:06:26","guid":{"rendered":"http:\/\/nmpolitics.net\/index\/?p=187721"},"modified":"2016-09-20T12:04:20","modified_gmt":"2016-09-20T18:04:20","slug":"without-a-public-vote-las-cruces-announces-new-city-manager","status":"publish","type":"post","link":"https:\/\/nmpolitics.net\/index\/2016\/09\/without-a-public-vote-las-cruces-announces-new-city-manager\/","title":{"rendered":"Without a public vote, Las Cruces announces new city manager"},"content":{"rendered":"<p>The City of Las Cruces made a surprise announcement in <a href=\"http:\/\/www.las-cruces.org\/en\/departments\/public-information-office\/news-releases\/2016\/september\/city-manager-selected\" target=\"_blank\">a news release<\/a> Monday afternoon that Stuart Ed had been selected to be the new city manager.<\/p>\n<div id=\"attachment_187731\"  class=\"wp-caption module image alignleft\" style=\"max-width: 336px;\"><img loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-187731\" src=\"http:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2016\/09\/Ed-Stuart-336x252.jpg\" alt=\"Stuart Ed\" width=\"336\" height=\"252\" srcset=\"https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2016\/09\/Ed-Stuart-336x252.jpg 336w, https:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2016\/09\/Ed-Stuart.jpg 550w\" sizes=\"auto, (max-width: 336px) 100vw, 336px\" \/><p class=\"wp-media-credit\">Courtesy photo<\/p><p class=\"wp-caption-text\">Stuart Ed, who the City of Las Cruces announced today has been selected to be its next city manager.<\/p><\/div>\n<p>There&#8217;s been no public vote of the City Council to select Ed. The N.M. Foundation for Open Government (FOG) says if such a decision was\u00a0made behind closed doors it\u00a0violates the state&#8217;s <a href=\"http:\/\/www.nmag.gov\/uploads\/files\/Publications\/ComplianceGuides\/Open%20Meetings%20Act%20Compliance%20Guide%202015.pdf\" target=\"_blank\">Open Meetings Act<\/a>.<\/p>\n<p>Contrary to what the city&#8217;s news release stated, some councilors say a decision hasn&#8217;t yet been finalized.<\/p>\n<p>Councilors and the mayor conducted a second round of interviews with\u00a0Ed and another candidate Monday morning\u00a0<a href=\"http:\/\/nmpolitics.net\/index\/2016\/09\/mayors-comments-cause-confusion-about-city-manager-search\/\" target=\"_blank\">in a closed session<\/a>. Susan Boe, FOG&#8217;s executive director, said councilors should have taken a public vote after the meeting if they&#8217;d reached consensus.<\/p>\n<p>&#8220;Oh no, that should have been done in public. Absolutely in that case,&#8221; Boe said.<\/p>\n<p>Without a public vote, people don&#8217;t know whether the decision was unanimous or split and weren&#8217;t given\u00a0an opportunity to hear councilors&#8217; reasoning for\u00a0their decision.<\/p>\n<p>The city&#8217;s news release states that councilors are scheduled to &#8220;consider a formal resolution selecting Ed as city manager&#8221; at their Oct. 3 meeting. &#8220;Ed\u2019s start date is subject to the terms and conditions of an employment contract to be negotiated,&#8221; the news release states.<\/p>\n<p>Ed was most recently\u00a0president and chief executive officer of Goodwill Industries of El Paso, a job he left in July. Before that he worked for the City of El Paso for about nine\u00a0years. Ed received his master&#8217;s in public administration\u00a0from New Mexico State University in 2002. You can view his r\u00e9sum\u00e9 <a href=\"http:\/\/nmpolitics.net\/index\/wp-content\/uploads\/2016\/09\/EdResume.pdf\" target=\"_blank\">here<\/a>.<\/p>\n<p>The other candidate who had a second interview Monday was\u00a0Dan Biles, deputy county manager of infrastructure for Jefferson County, Ala.<\/p>\n<p>&#8220;The City Council and I are very pleased and confident with the selection of Stuart Ed as the new city manager,&#8221; Mayor Ken Miyagishima said in the city&#8217;s news release, which states that the mayor was &#8220;speaking for the City Council.&#8221;<!--more--><\/p>\n<p>&#8220;He brings a wealth of diverse professional experience that will help Las Cruces continue in the positive direction the Council has established,&#8221; Miyagishima said of Ed. &#8220;We believe he is a good fit for the Council and the community, and we look forward to working with him.&#8221;<\/p>\n<p>In a text exchange after the news release went out, Miyagishima asked that questions from NMPolitics.net about the Open Meetings Act be sent to him by email.<\/p>\n<p>The city&#8217;s mayor pro tem, Councilor Gregory Z. Smith, also declined to discuss the Open Meetings Act with NMPolitics.net. But he praised Ed.<\/p>\n<p>&#8220;Stuart Ed is a very strong candidate and we will be very well served if he accepts the position,&#8221; Smith said.<\/p>\n<p>Later, Smith posted <a href=\"https:\/\/www.facebook.com\/permalink.php?story_fbid=945704542202738&amp;id=100002896040886&amp;pnref=story\" target=\"_blank\">on Facebook<\/a> that the Council was\u00a0&#8220;likely&#8221; to vote to hire Ed but that a formal vote had not been taken.<\/p>\n<p>&#8220;A news release has gone out with a quote from our mayor which runs counter to what the council approved in today&#8217;s closed meeting,&#8221; Smith wrote on Facebook. &#8220;The release says that Suart Ed has been &#8216;selected&#8217; as the next city manager, and that implies that the council voted&#8230; which would be in violation of the Open Meetings Act. There was clear support for Mr. Ed (pronounced &#8216;eed&#8217;) in that meeting, but the formal vote will be at the October 3 meeting.&#8221;<\/p>\n<p>Councilor Gil Sorg was quoted <a href=\"http:\/\/www.lcsun-news.com\/story\/news\/2016\/09\/19\/city-council-selects-ed-new-manager\/90716352\/\" target=\"_blank\">by the Las Cruces Sun-News<\/a> as saying something similar.<\/p>\n<p class=\"\">&#8220;It was a consensus more or less,&#8221; Sorg was quoted as saying. &#8220;But it&#8217;s not official until it&#8217;s done in open session.&#8221;<\/p>\n<p>This isn\u2019t the first controversy surrounding Las Cruces\u2019 city manager search. Though the city has released 13 applications for the job, it has withheld dozens of others from the public.<\/p>\n<p>State law makes applications for high-profile government jobs like city manager public.\u00a0But the city contends that\u00a0applications its contract\u00a0search firm hasn\u2019t turned over to the city\u00a0aren\u2019t public records. NMPolitics.net <a href=\"http:\/\/nmpolitics.net\/index\/2016\/05\/nmpolitics-net-sues-for-release-of-city-manager-applications\/\" target=\"_blank\">has sued<\/a>, seeking release of all applications. The case <a href=\"http:\/\/nmpolitics.net\/index\/2016\/08\/judge-denies-motions-to-halt-nmpolitics-nets-public-records-lawsuit\/\" target=\"_blank\">is pending<\/a>.<\/p>\n<p>And last week, NMPolitics.net reported that Miyagishima had <a href=\"http:\/\/nmpolitics.net\/index\/2016\/09\/mayors-comments-cause-confusion-about-city-manager-search\/\" target=\"_blank\">caused confusion<\/a>\u00a0by saying publicly that the City Council had selected four finalists for the job when, in fact, it had only selected two &#8212; Ed and Biles.<\/p>\n<p>Miyagishima later said he wanted\u00a0the Council to also consider Las Cruces&#8217; two assistant city managers &#8212; Daniel Avila and David Dollahon, who is currently serving as interim city manager, for the job. But\u00a0Avila said he didn&#8217;t want it. Dollahon, who applied months ago, said he was still interested in the job.<\/p>\n<p>The Council never indicated that it had considered either assistant city manager a finalist. Some councilors told NMPolitics.net that only Ed and Biles were finalists.<\/p>\n<p><em>This article has been updated to quote Smith&#8217;s Facebook post and Sorg&#8217;s comments to the Sun-News. A prior version of this posting incorrectly stated that Ed is currently president and chief executive officer of Goodwill Industries of El Paso.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>There&#8217;s been no public vote of the City Council to select Stuart Ed. The N.M. Foundation for Open Government says if such a decision was made behind closed doors it violates the state&#8217;s Open Meetings Act.<\/p>\n","protected":false},"author":1,"featured_media":187731,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11],"tags":[145,3295,706],"class_list":["post-187721","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news-and-analysis","tag-las-cruces","tag-las-cruces-city-manager-search","tag-transparency"],"_links":{"self":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/187721","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/comments?post=187721"}],"version-history":[{"count":0,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/posts\/187721\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media\/187731"}],"wp:attachment":[{"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/media?parent=187721"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/categories?post=187721"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nmpolitics.net\/index\/wp-json\/wp\/v2\/tags?post=187721"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}