ToadBook

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*

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).

So you can go back and review the latest posts including the email from Councilor DeSmet.

First we recognized she sent this from her personal phone despite the fact that she explicitly told the reporter she doesn't use her personal phone for Village Business.

Second we recognized that a writ of mandamus was being used incorrectly in this instance. Incorrectly because you can't use a write of mandamus to force people to do things they can't/should not/are illegal to do.

Now let's finish up with two more items of consideration.

• Looks like a threat doesn't it? Writ of Mandamus. You do what I want or I will take you to court. No wonder employees are quitting if they have to put up with that nonsense.

• Yet again, a contrived emergency or two.

First contrived emergency- Let's get rid of the treasurer - let's make the Village such a miserable place to work and then demand money be spent by whom? A treasurer that isn't there? Sounds like a fake emergency. There is a post on this blog about the 4.9Million Federal Funds that the Three want to change - The council can vote randomly to change funding from one use to another - but if that funding is from a specific source for a specific reason no matter how much you want to - you can't change it. (And they have been told this. You would know this if you sat in that meeting as well.) And ARPA funds can't be spent without a treasurer.

Second - Let's get rid of the EMT Volunteer director and then scream about not having EMT. Let's support the fire department when they loan out the gurney in our ambulance and support the decision to loan out the ambulance to Peralta. Let's make it impossible to work in the Village even as a volunteer and then scream about what we don't have.

Just wait until people realize there is no zoning officer because the Three got rid of that position. When the residents are upset, guess what the Three will be yelling about next.

Go look at the budget yourself! I have. I'm just hitting the truth button.

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).

So this is a part of an email from Councilor DeSmet. This obtained by an IPRA request and passed on to us.

Let's start with how she's sending it! Didn't she say in a newspaper article for the News-Bulletin that she didn't use her personal phone? (Hint- yes she did).

But look at this- her personal phone is being used to send emails. That is a fact. Do you doubt it? Go look at the budget yourself. No Councilor has a phone to send emails from and to.

How was this found via open meeting paperwork request? Well when it was passed on to us, we were told to note that this was what Ms. Martinez recieved (there is NO Copy from Ms. Desmet!)

May 2025. This comes from an ethics complaint obtained via open meeting request. (Sometimes called an IPRA request).

KNOW THIS: The ethics complaint was about several Councilors two of whom are no longer active. But it's worth noting one is still around.

KNOW THIS: The behavior of this Councilor has not improved.