Serving the High Plains

Commissioners subject of employee complaint

Rachelle Arias, the city of Tucumcari’s finance director, has filed a complaint with city manager Britt Lusk accusing two city commissioners of violating three sections of the city’s Governmental Code of Conduct ordinance.

The complaint will be the subject of a public hearing tentatively scheduled for April 30, the commission decided at its March 12 meeting. Mayor Ruth Ann Litchfield announced the grievance and the need for a hearing during the March 12 meeting.

The Quay County Sun received Arias’ complaint from the city through an Inspection of Public Records Act request.

While not saying the two commissioners, District 2's Paul Villanueva and District 1's Ralph Moya, mentioned her by name, Arias said, circumstances identify her as the employee the commissioners complained about at a Feb. 27 commission meeting.

The commissioners’ public complaint, Arias said, violated sections of the code of conduct that:

n Prohibit “abusive conduct, personal charges or verbal attacks upon the character or motive of other commissioners and board members, city staff, or the public”;

n Require the commissioners to “respect the confidentiality of information concerning the property, personnel or affairs of the city”;

n Prohibit commissioners from expressing “concerns about the performance of a city employee in public, to the employee directly, or to the employee’s director.”

The ordinance states: “Comments about staff performance should be made only to the city manager through private correspondence or conversation.”

In response to Arias’ allegations, Moya said, “I will continue to be strong. I will not be intimidated by anyone.”

He added, “I will continue to represent the people. They are the only ones I have to answer to.”

Moya voted against adopting the code of conduct ordinance when the commission approved it on a 4-1 vote in August.

Villanueva did not respond to an email request for his reaction.

According to Arias’ complaint, Villanueva said several citizens had complained to him that during the commission’s Feb. 13 meeting, Arias had “rolled (her) eyes at Commissioner Moya and said, ‘Oh, shut up’ to Commissioner Moya.”

Arias denied in her statement she had done or said that.

Villanueva apparently told Moya about Arias’ alleged conduct, as well, according to the complaint.

Her alleged comment, she said, was reportedly recorded on a video recording of the meeting.

Arias, however, said she reviewed the video and “the only time you can see me is when I stand up to discuss the lodgers tax audit.”

Arias’ statement said Litchfield also had reviewed the Feb. 13 video and had not seen or heard Arias’ alleged behaviors.

At the commission’s Feb. 27 meeting, Moya questioned Litchfield about “about a city staff in the front row of the last commission meeting, as to whether it was looked into.”

Arias said only she and one other city staff member had been sitting in the front row on Feb. 13, “so it does not leave much room for debate about who he is referring to,” she said.

Arias requested a meeting with Litchfield, her statement said.

The ordinance, however, requires “any charge of violations of the code of conduct shall be brought before the commission.”

Further, the ordinance states: “Any hearing pursuant to the provisions of this section shall be open to the public.”

“I am demanding either Commissioner Moya and Commissioner Villanueva tell you who the ‘citizens’ are that complained about me,” Arias said, “or they need to give me a public apology for targeting me without any proof or evidence.”

Arias said she felt she was being discriminated against because of her "race and gender."