Focus on Fundamentals - Let's get something done

- Posted in Stay In Your Lane by

One thing the Council can do that is basic fundamental government management -

There was a at some point a big survey - what does the community and residents of Bosque Farms want to see?

The Council can set clear priorities and align the resources the Village has towards those priorities. They can describe what success looks like.

The Council can meet with the public, the Council, Department heads, and businesses in order to address needs, wants, future goals, and develop a plan.

Some of the priorities that have been discussed - Ambulance Service (Public Safety) - The lights on main street - Keeping Bosque Farms rural (Ordinances) - What else? Road repairs? Bringing in Businesses? A pool or a splash pad? A library addition? A gazebo for the park?

Positive Option - Businesses 4 - Hope the Three See this! →

- Posted in Council by

This has been shared previously and will most likely be shared again. Check it out!

This one page on the Economic Development Department of New Mexico has so many links to more help, more education, more resources.

On this page alone: Science and Technology grants, LEDA, Tax Credit incentives, Business expansion resources.

Each one of those links leads you to more. There are even contact phone numbers and emails.

Every link or program is most likely not going to be helpful but WTHeck Three?! Why not look at this and see if you can do something amazing.

Take it to the Council - set up a committee, look at options and bring back to the Council a suggestion they can vote on.

As Promised - Full Post and a few Notes

- Posted in Council by

Full Post as promised from previous post.

First, some was redacted. Other's people health is not for anyone, ANYONE, to share. (See XXXX's below).

Second, Just a note HIPPA is a medical federal law that says you can not share other's medical information.

Third Is it acceptable for a Councilor to call out employees by name? Not so sure on this. The Mayor and the Clerk are the bosses. Maybe they know something the Councilor doesn't (write ups? future awards? etc)

Fourth Employees names removed as they may not be in the Village's employment and as a rule this blog tries to not share names of anyone other than elected officials.

Good Evening Bosque Farms, Some of you may have been at tonight’s council meeting and some of you may not. Sadly, tonight, our Mayor, Wayne Ake, announced that he was stepping down. I spoke with him previously and I assure you he did not come to this decision lightly or even because he wanted to. *XXXXXXXXXXXXXXXXXXXXXXXXX Removed XXXXXXXXX Wayne, thank you for chasing me out in to the parking lot and begging me to run for council office. I hope I make you proud by serving Bosque Farms the way they deserve. What does this mean? Councilwoman and Mayor Pro Tem, Ronita Wood, will step in for Wayne after he vacates, which is March 1 at 2am. After that, the council will elect, by majority vote, a qualified elector to fill the vacancy until the end of the mayoral term. Although you, the public, will not be able to vote to fill the vacancy, please remember that your voice can still be heard by calling or emailing any of the council members. We were elected by you the people and that is who we serve. Here is my information, E.DeSmet@bosquefarmsnm.gov, should you need it. Because the announcement was made just tonight, I will keep you informed as best I can when the meeting to announce the mayor that will fill the seat will be. Lastly, I want to send a huge shoutout to (three names removed) with the Bosque Farms Waste Water Treatment Plant. The plant is supposed to have 8 people manning it at all times and for the last few weeks it has just been the three of them! These gentlemen have kept the plant running and are doing the jobs of about 4 people. I would also like to thank them for working hand in hand with the Pueblo to get everything in order at the plant! Because of these three guys we still have working water and sewer in both Bosque Farms and Peralta! Also, an enormous thank you to (3 Names removed) the Pueblo of Isleta Public Works Department for stepping in to help our Village with the Waste Water Treatment Plant (WWTP). Your knowledge and assistance will help get the WWTP up to optimal performance. Good Night Village. Councilwoman Erica De Smet*

Councilor Position

- Posted in State Laws by

Check it out: NM Stat § 3-12-1 (2025)

It is STATE LAW - that the following happens: 1. The Mayor appoints a qualified candidate. 2. The council votes at an open meeting.

The Mayor does NOT have to set up an interviewing committee or anyone to meet this person. He can simply appoint a qualified candidate.

That person serves until the next regular local election or the councilor election whichever comes first.

Straight from state law.

Councilor Position

- Posted in Ordinances by

Local Ordinances - that is our laws that the Village of Bosque Farms passed say this:

2-2-1 C Vacancies. In case of death, resignation, vacation or removal for cause of any member of the Council during his or her term of office, the Mayor, with the advice and consent of the Council, shall appoint a qualified elector of the municipality to fill the vacancy until the next regular municipal election, at which time a qualified elector shall be elected to fill the remaining unexpired term, if any.

Know this: If you are called by anyone other than the Mayor or a representative of the Mayor to interview for a councilor that person is breaking the law.

If you are called by anyone other than the Mayor or a Mayoral representative and asked to be a Councilor that person is breaking the law.

State law and our Ordinances.

Do yourself a favor - no matter how flattering it is - don't participate in the breaking of laws and don't participate in not obeying the National Constitution of Separation of Powers.

Lots to Look at Here 2

- Posted in WTH by

Look at the re: on this email. Writ of Mandamus.

What is this? What is a Writ of Mandamus?

Here is a legal definition: court order that commands a government official, agency, or lower court to perform a mandatory duty required by law.

What is this typically used for? - for a higher court to force a lower court to rule in accordance with the law. - to force the governmental agency to give paperwork requested through open meetings requests - Immigration status so time lines don't run out.

It is typically not used to addressed contrived eme -- as a way to force a Mayor or a Clerk Administrator or treasurer to do something illegal. (Spend funds that are earmarked and budgeted for a different item for example) -- to demand money is spent when there is no treasurer that can spend that money. (ARPA funds for example). This is particularly true when the treasurer has been forced out less than a month before this demand. -- To adopt procedures that go against ordinances (rules of procedure).

Lots to Look at Here 2

- Posted in WTH by

Look at the re: on this email. Writ of Mandamus.

What is this? What is a Writ of Mandamus?

Here is a legal definition: court order that commands a government official, agency, or lower court to perform a mandatory duty required by law.

What is this typically used for? - for a higher court to force a lower court to rule in accordance with the law. - to force the governmental agency to give paperwork requested through open meetings requests - Immigration status so time lines don't run out.

It is typically not to be used - -- as a way to force a Mayor or a Clerk Administrator or treasurer to do something illegal. (Spend funds that are earmarked and budgeted for a different item for example) -- to demand money is spent when there is no treasurer that can spend that money. (ARPA funds for example). This is particularly true when the treasurer has been forced out less than a month before this demand. -- To adopt procedures that go against ordinances (rules of procedure).

Get Educated - Separate Powers

- Posted in Council by

** **

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.

Get Educated - Seperate Powers 2

- Posted in Council by

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'.

Spending Funds

- Posted in Toad Cheese by

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!