New Mexico Department of Justice Notifies Otero County Commission of Open Meetings Act Violation

Albuquerque, NM – The New Mexico Department of Justice (NMDOJ) has determined that the Otero County Commission violated the state’s Open Meetings Act (OMA) when it convened an emergency meeting on March 13, 2026, to renew a federal detention services contract with U.S. Immigration and Customs Enforcement (ICE).

Following a review by the NMDOJ’s Government Counsel and Accountability Bureau, the Department concluded that the Commission improperly classified the meeting as an “emergency” and failed to meet the legal requirements for bypassing standard public notice and transparency procedures. As a result, the action taken during that meeting, including the vote to renew the contract, is invalid under New Mexico law.

“The Open Meetings Act is not optional,” said Attorney General Raúl Torrez. “It ensures that public business is conducted in the open, not rushed through under the guise of an emergency when no true emergency exists. New Mexicans have a right to transparency and accountability from their local governments, especially when decisions of this magnitude are being made.”

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Under the Open Meetings Act, emergency meetings are permitted only in response to unforeseen circumstances that pose an immediate threat to public health, safety, property, or cause substantial financial harm. The NMDOJ found that the expiration of the ICE contract was a known and predictable deadline, not an unforeseen event.

The NMDOJ also determined that the County’s justification, potential financial impacts tied to bond obligations, stemmed from internal planning failures, not a legitimate emergency. The law does not allow public bodies to use emergency procedures to address foreseeable administrative or financial matters.

The NMDOJ has directed the Otero County Commission to respond with outlined steps to come into compliance with the law.

Copy of the Letter