ToadBook

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When you do not understand WHY we separate powers then it's easy to overlook when people in power don't behave in the way they should.

New Mexico Constitution Art. III, § 1. Separation of powers Bosque Farms Ordinances U.S. Constitution.

The Supreme Court has said this in other rulings about Separating Powers. In reaching this result, the court posited that multi-headed bodies were favored in the government structure, and attributed this to the Framers’ wisdom:

The Framers recognized that, in the long term,
structural protections against abuse of power were critical to preserving liberty … Their solution to governmental power and its perils was simple: divide it.

In particular, according to the court:

The Framers viewed the legislative power as a special threat to individual liberty, so they divided that power to ensure that “differences of opinion” and the “jarring of parties” would “promote deliberation and circumspection” and “check excesses in the majority.”

But the court then went on to describe the executive branch as unique among the three branches:

By contrast, the Framers thought it necessary to secure the authority of the Executive so that he could carry out his unique responsibilities.

(Seila Law LLC v. Consumer Financial Protection Bureau) (Bold by me)

Constitution 101 Video.

https://constitutioncenter.org/education/videos/constitution-101-separation-of-powers

This is not a SMALL thing. Separating Powers - it's a Federal Constitution thing.

SEPARATING POWERS – GET EDUCATED

Are you educated yet?

• Mayor - Executive Branch. This include the Police, the employees in the front office, the Clerk Administrator and the Treasurer.
• Councilors - Legislative Branch.
• Judge - Judicial Branch. This include the court clerks.

Do you understand what is happening in the Council Chambers is all kinds of wrong?

KNOW THIS

What this means is that the Council can not act as a Mayor.

Councilors are NOT mayors.

Councilors do not have the right to fire or hire employees. They approve the hiring and firing and that itself is a budgetary issue (Do we have the money to hire someone? Can we handle any lawsuits that would happen if we fire someone? Will hiring this person cause future problems?)

They do not have the right to run the meetings. (State law, Village Ordinances and Federal Law covers this). They have the right to debate with decorum and to have their one vote.

Councilors do not have the right to agree to vote a certain way in public at other meetings so other communities can make decisions that impact the Village. (Ahem, cough cough Councilors)

Councilors are NOT allowed to boss employees around. So no requests 'come fill my pool with city water please'. No rolling down your window at a traffic stop and saying 'I know the police chief'.

On April 26, 2025 Councilor E. DeSmet wrote to the current Clerk Admin. It's a long email full of hyperbole -

KNOW THIS: Councilor E Desmet is running around having meetings and making decisions about the expenditure of funds.

Remember, this is illegal. The Council must make these decisions, in public.

KNOW THIS: Grants often have requirements about expenditures. It's not possible to just decide to spend a grant any old way.

KNOW THIS: Is it done yet? Why Not? It's easy to blame the mayor but has the Council voted on this? Has the Council read this grant and explored options? Has the Council looked at the budget for these funds?

One small good piece of news! This email was NOT sent to the whole council. No rolling quorum. No hint about future votes. Shocker that!

On April 26, 2025 Councilor E. DeSmet wrote to the current Clerk Admin. It's a long email full of hyperbole -

KNOW THIS: Councilor E Desmet is running around having meetings and making decisions about the expenditure of funds.

Remember, this is illegal. The Council must make these decisions, in public.

KNOW THIS: Grants often have requirements about expenditures. It's not possible to just decide to spend a grant any old way.

KNOW THIS: Is it done yet? Why Not? It's easy to blame the mayor but has the Council voted on this? Has the Council read this grant and explored options? Has the Council looked at the budget for these funds?

One small good piece of news! This email was NOT sent to the whole council. No rolling quorum. No hint about future votes. Shocker that!

There are THREE things wrong with this email but let’s just address this one!

DEMANDING

Is this appropriate? Is this an appropriate way to address anyone?

This email is to a Mayor, the Clerk/Administrator, three other councilors and part time person tasked with helping in a variety of ways.

Is this how you would speak to your co-workers? Is this how you would speak to your employees?

What has anyone on this list done that demands you speak or write to them so rudely?

Is it appropriate to DEMAND something when you are just a councilor?

The way this works is you are one of four votes. (One of five if there is a tie).

The Council takes care of the budget and votes on final decisions of hiring/firing.

The Mayor takes care of the daily Village business and sets up meetings and runs the agenda.

So since when did Councilor J. Bruhn get asked to set up a meeting with other agencies?

• Hint - Ask at the Village for the vote on this item- Did the Council vote to have Councilor Bruhn set up a meeting with other agencies? Is there an agenda item that the Mayor asked for this help?